Terms & Conditions
Please read these terms and conditions carefully before using Our Service.
1. Interpretation and Definitions
1.1.1. The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.1.2. Words that are gender neutral or gender specific include each gender;
1.1.3. Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
1.1.4. The words such as, ‘including’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation
1.1.5. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms and Conditions or any part of them
1.2.1. For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named Altered Studio
- Application Store means the digital distribution service operated and developed by a third-party company such as Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) or Microsoft or Sony or another company in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Altered Ltd (Company No. 11564329), Ground Floor, 298 West End Lane, NW6 1LN.
- Confidential Information means all confidential information (however recorded, preserved or disclosed) disclosed to You, before or after the date of this agreement including but not limited to:
- (a) any information that would be regarded as confidential by a reasonable person relating to:
- (b) the Application; and
- (c) Our business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities; and
- (d) Our data, the operations, processes, methods, formulae, plans, strategy, product information, know-how, designs, trade secrets or software; and
- (e) any information or analysis derived from Confidential Information.
- (f) Content refers to Your content such as audio files, recordings, or other information that You use within the Application, or which are otherwise made available by You, to create Outputs, regardless of the form of that content. Such Content must comply with our privacy policies, our principles and pledges, and all relevant laws.
- (g) Data Protection Acts means without limitation the Data Protection Act 2018(as amended) and all relevant laws and regulations concerning data protection and privacy (including as may be relevant the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 (as may be modified by national UK data protection laws), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003), all such laws and regulations in as amended from time to time)).
- (h) Feedback means, without limitation, any feedback, comments, ideas, improvements, innovations or suggestions provided by You or on Your behalf regarding the attributes, performance or features of our Service or the Application.
- (i) Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
- (j) Goods refer to the items offered for sale on the Service, including Voices.
- (k) In-app Purchase refers to the purchase of a product, item, service, Goods or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
- (l) Order means a request by You to purchase Goods from Us, either through the Website, within the Application or in any other manner.
- (m) Output means any media produced by the Application using the Content, including without limitation any Custom Voices, synthesis, previews, exports or saved files produced by You using the Application or by the Application itself (whether this occurs manually or automatically), and whether on an individual file or a batch creation basis..
- (o) Project means any project (audio, visual or other mediums) in which the Output is used.
- (p) Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- (q) Service refers to the Application, the Voices, and our Website, and includes any new releases, updates, modifications or enhancements of the same.
- (r) Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- (s) Subscription Period means the Subscription period specified in the Order (Initial Period), and thereafter on a rolling basis equal to the Initial Period (Subsequent Period) renewing on last day of the Initial Period or previous Subsequent Period (as appropriate), until terminated in accordance with these Terms and Conditions.
- (t) Terms and Conditions (also referred as "Terms") mean these Terms and Conditions together with the Order that form the entire agreement between You and the Company regarding the use of the Service.
- (u) Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- (v) Voices means the voices available in the Application which can be used to process Content to create Output.
- (w) Website refers to www.altered.ai
- (x) You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2.1.1. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Usage of the Service is strictly limited to the individual who purchased the Service and has expressly acknowledged and accepted these terms and conditions
2.1.2. You agree that any term or condition stated in Your quote, bid, purchase order, invoice or in any other documentation provided by You is void unless explicitly agreed otherwise in writing by Us.
2.1.3. The Service is licensed, not sold, to You by the Company for use during the Subscription Period strictly in accordance with the terms of these Terms and Conditions. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions and the timely payment of all Subscription fees. These Terms and Conditions apply to all employees, users and others who access or use the Service.
2.1.4. By clicking the "I Agree" button, downloading or using the Application, or accessing or using the Service You warrant that You are legally capable of entering into and You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
2.1.5. You represent that You are aged 18 or above. The Company does not permit those under 18 to use the Service.
3. Placing Orders for Goods
3.1. Your Information
3.1.1. If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card or other payment details, and Your billing address.
3.1.2. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
3.1.3. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
3.2. Order Cancellation
3.2.1. We reserve the right to refuse Your Order at any time for any of the following reasons:
- 126.96.36.199 Goods availability
- 188.8.131.52 Errors in the description or prices for Goods
- 184.108.40.206 Errors in Your Order
- 220.127.116.11 Errors in the Service
3.2.2. We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.
3.3. Availability, Errors and Inaccuracies
3.3.1. We may update Our offerings of Goods on the Service from time to time. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
3.3.2. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
3.3.3. If any Goods are not successfully downloaded we will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with replacement Goods or issue You with a patch to repair the fault. In the unlikely event that we are unable to replace or repair the relevant Goods or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will refund You an amount up to the cost of the relevant Goods.
3.4. Price Policy
3.4.1. The Company reserves the right to revise the prices of the Service or the Goods at any time prior to accepting an Order.
3.4.2. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
3.4.3. Unless stated otherwise all prices quoted are exclusive of any VAT, sales taxes or any other applicable taxes.
3.5.1. Payment can be made through various payment methods we have available. Where payment cards (credit cards or debit cards) are accepted these are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.
4.1. Number of Subscriptions
4.1.1. The number of Subscriptions available to You will be specified in the Order. Each Subscription is permitted to be used by a single user only. Subscriptions and access to the Service cannot be shared by multiple users unless multiple user packages have been purchased by You from Us.
4.1.2. We reserve the right to audit Your use of the Service to ensure that the Service and Subscriptions are being used in accordance with these Terms and Conditions.
4.2. Subscription period
4.2.1. The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.
4.2.2. At the end of the Initial Period and each Subsequent Period, Your Subscription will automatically renew for a Subsequent Period under the exact same conditions unless You cancel it or the Company cancels it prior to renewal.
4.3. Subscription cancellations
4.3.1. You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company, any cancellation will take effect at the end of Your current Subscription Period. You will not receive a refund for the fees You already paid for Your current Subscription Period and You will be able to access the Service until the end of Your current Subscription Period. You will be required to continue to pay any Subscription fees which fall due until the end of Your current Subscription Period when termination takes effect.
4.3.2. If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
4.4.1. You shall provide the Company with accurate and complete billing information including full name, address, state, post/zip code, telephone number, and a valid payment method information.
4.4.2. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
4.4.3. If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
4.4.4. The Company has no obligation to provide and may suspend the provision of the Service and the rights of access to and use of the Application and/or the Voices as well as any collateral (including licence) rights and services if a payment is not made when due under these Terms.
4.5. Fee Changes
4.5.1. The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription Period.
4.5.2. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
4.5.3. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
4.6.1. Except when required by law, paid Subscription fees are non-refundable.
4.6.2. If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
4.7. Free Trial
4.7.1. The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
4.7.2. At the end of the Free Trial You must immediately cease to use and uninstall the Service unless You place an Order for a Subscription through Your Account.
4.7.3. These Terms and Conditions will apply during the Free Trial and to any Subscriptions that You Order after the Free Trial.
4.7.4. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
5.1.1. Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
6.1. Scope of Licence
6.1.1. The Company grants You a revocable, non-exclusive, non-transferable, limited licence to use the Service, including to download, install and use the Application and the Voices, during the Subscription Period strictly in accordance with the terms of this Agreement.
6.1.2. Nothing in these Terms and Conditions gives You any rights in, or to view or access, the source code of the Application or the Voices.
6.1.3. The licence that is granted to You by the Company is solely for Your personal or organisational purposes strictly in accordance with these Terms and Conditions.
6.2. Licence Restrictions
6.2.1. You agree not to, and You will not permit others to:
- 18.104.22.168 Licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service, or make the Service available to any third party directly or indirectly.
- 22.214.171.124 Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Service or attempt to do any of the above or any similar acts.
- 126.96.36.199 Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its Affiliates, partners, suppliers or the licensors of the Application or the Voices.
- 188.8.131.52 Create or attempt to create the source code or object code or other runtime objects or files distributed with the Application or any part of it, from the Application or from any other information.
- 184.108.40.206 Record an Output on any device (physical or virtual) or otherwise attempt to obtain copies of an Output other than through the specific functions of the Application that allow for the saving or exporting of files.
- 220.127.116.11 Demonstrate or give use of the Service or related system to any competitor of the Company.
- 18.104.22.168 include personal data belonging to You or a third party in the Content that You input, process or share via the Application
6.3. Limited Licences
6.3.1. In addition to the standard commercial licence which is available on certain Subscription plans, the Company offers two limited licence types that may allow You to publish Your content in limited circumstances.
6.3.2. You should review the licence available on Your chosen Subscription plan, to ensure it meets Your needs. If You are not eligible for a limited licence then You must purchase a Subscription plan with a standard commercial licence in order to use Your Outputs commercially.
6.3.3. Education licence:
- 22.214.171.124 The educational licence allows students and non-profit institutions to publish educational Projects. Allows students to publish non-educational Projects in a public social platform, such as Youtube etc, as long as they are not monetized.
6.3.4. Creator licence:
- 126.96.36.199 The creator licence applies to individuals or companies with up to 5 employees. It allows commercial use of the Outputs as long as the overall revenue or funding from relevant activities is below $100k over the last 12 months.
7. User Accounts
7.1.1. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
7.1.2. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
7.1.3. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.
7.1.4. You may not use as a username the name of another person or entity or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
8.1. Your Right to Use Content
8.1.1. Our Service allows You to use Content to produce Outputs. You are responsible for the Content that You use with the Service, including its legality, reliability, and appropriateness.
8.1.2. You represent and warrant at all times that: (i) the Content is Yours (You own it) or You have the right to use it , and (ii) the use of Your Content or Outputs does not violate the privacy rights, publicity rights, copyrights, personal data rights, contract rights or any other rights of any person.
8.2. Content and Output Restrictions
8.2.1. The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account. 9. 10.2.2. The Application and Voices may only be downloaded onto computers, mobile devices or storage devices owned by You personally or by the entity for whom You are entering these Terms on behalf of.
8.2.3. You may not store the Application or the Voices anywhere that is accessible by third parties who have not purchased a licence. Group buys, where multiple parties pool funds to purchase licences to the Service, are expressly prohibited
8.2.4. You are licensed to use the Output in Projects that You distribute on digital platforms or other media, but the Company retains full ownership of the Voices. You may not claim ownership of the Voices through any content detection and/or registration system (such as YouTube’s Content ID or Facebook Rights Manager), even if synchronised with Your own Project.
8.2.5. You may not do or permit the Service or the Outputs to be used to train any algorithm, artificial intelligence algorithm, speech synthesis system or other electronic system. In addition if You become aware of any such activity occurring You must notify us immediately.
8.2.6. To the extent lawful, You may not attempt to create any software which has features or functionality the same as or similar to the features and functionality of the Application.
8.2.7. You may not use any Content on the Service or produce any Output that is illegal, unlawful, threatening, libellous, defamatory, obscene, misleading or otherwise objectionable (Objectionable Content). Examples of such Objectionable Content include, but are not limited to, the following:
- 188.8.131.52 Illegal, unlawful, harmful or threatening or promoting illegal, unlawful, harmful or threatening activity.
- 184.108.40.206 Defamatory or discriminatory content that includes references to protected characteristics or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- 220.127.116.11 Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation including through a telephone or communication system, or any form of lottery or gambling.
- 18.104.22.168 Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
- 22.214.171.124 Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- 126.96.36.199 Illegally or unlawfully impersonating any person or entity including the Company and its employees or representatives.
- 188.8.131.52 Can be used to access or attempt to access any computer system, security system or facility.
- 184.108.40.206 Violating the privacy or human rights of any third person or violating the Data Protection Acts.
- 220.127.116.11 False information, fake news, disinformation, propaganda or any other content which is intended to manipulate or deceive people or systems.
8.2.8. Outputs may contain watermarks or other electronic fingerprints that allow the Company to track usage and to audit the creation or use of Objectionable Content. The removal or attempted removal of any such tracking devices is a breach of these Terms and will result in immediate termination of these Terms and Conditions and loss of the right to use the affected Outputs.
8.2.9. The Company reserves the right, but not the obligation, to, in its sole discretion (acting reasonably and in good faith), determine whether or not any Content or Output is appropriate and complies with these Terms and Conditions.
8.2.10. The Company may provide details of Your Objectionable Content to law enforcement or government authorities upon request.
8.2.11. The Company reserves the right, but not the obligation, to report any Objectionable Content to relevant IP right holders, government or law enforcement authorities, or other relevant third parties at our discretion.
8.2.12. You acknowledge that the Company cannot control all content produced by users and/or third parties on the Service and You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
8.3. Custom Voices
8.3.1. Some Subscriptions allow You to create a custom voice model (Custom Voices), using Your own recordings (Source Voice), which can be used to create Outputs.
8.3.2. Custom Voices can only be created and used by You in accordance with these Terms, and they must not be provided to any third party by either Altered or You without the written consent of both parties.
8.3.3. Custom Voices can only be used in conjunction with a valid Subscription and the right to use the Custom Voices will cease at the end of the Subscription Period or upon earlier termination of the Terms. Any Outputs produced using the Custom Voices will have the same ongoing rights of use described in the Terms for all other Outputs.
8.3.4. In order to create a Custom Voice, You must hold the rights to use the Source Voice to create and use the Custom Voice. If You are not the speaker in Source Voice recording then You must have the consent of the person speaking.
8.3.5. By creating a Custom Voice You hereby warrant and represent that You hold all such rights and that Your creation or use of the Custom Voice will not breach the rights of any third party including, but not limited to, any intellectual property rights, moral rights or privacy rights.
8.3.6. Custom Voices must not be used to Illegally or unlawfully impersonate any person or entity, living or dead.
8.3.7. You agree to indemnify and hold Altered and its parents, subsidiaries, affiliates, officers, employees, sub-contractors, agents, partners and licensors (if any) harmless from any third party claim, actions or proceedings, including reasonable attorneys' fees, that the creation, existence or use of any Custom Voice infringes the rights of a third party, including without limitation intellectual property rights, moral rights and privacy rights.
8.3.8. The Company reserves the right to maintain a private record of the Source Voice files You use to create any Custom Voices, to ensure they are created in accordance with these Terms and to exercise the Company’s rights under clauses 8.2.9 to 8.2.11 or other relevant clauses of this Agreement.
8.4. Content Backups
8.4.1. The Company does not keep any backups of the Content or the Output. You agree to maintain a complete and accurate copy of any Content or Output in a location independent of the Service.
8.5. Diagnostic and Usage Information
8.5.1. The Company may collect information relating to Your use of the Service, including Your Content and Outputs as well as Voices used and associated usage information or logs.
8.5.2. The Company may use all information You provide, including Your Content and resulting Output in order to assist in the diagnosis of faults, enhance the Application and any associated Company software, or otherwise improve the Service.
8.5.3. Any information collected by the Company may not be publicly disclosed by the Company and will be treated as confidential information for the purposes of any Non-Disclosure or Confidentiality Agreement between the parties.
9. Copyright Policy
9.1. Intellectual Property Infringement
9.1.1. We respect the intellectual property rights of others. It is Our policy to respond to any lawful claim that Output produced on the Service infringes a copyright or other intellectual property infringement of any person.
9.2. DMCA Notice and DMCA Procedure for Copyright Infringement Claims
9.2.1. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 18.104.22.168 An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright's interest.
- 22.214.171.124 A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- 126.96.36.199 Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- 188.8.131.52 Your address, telephone number, and email address.
- 184.108.40.206 A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
- 220.127.116.11 A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner's behalf.
9.2.2. You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
10. Intellectual Property
10.1.1. The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. You shall acquire no rights whatsoever in or to any of such intellectual property except the rights of use for the Subscription Period as expressly granted by and subject to these Terms.
10.1.2. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
10.1.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
10.1.4. Subject to the provisions of these Terms and Conditions, all rights, including but not limited to all intellectual property rights related to or arising in respect of or concerning the Application, the Voices (including their names), the Feedback and the business of the Company (collectively, Relevant Rights), are expressly reserved to the Company and its licensors and You must not use the Relevant Rights without Our prior written consent. You shall acquire no Relevant Rights and must not claim ownership of or a right to use any Relevant Rights in any form or manner except as expressly permitted by these Terms and Conditions.
10.1.5. The Voices have specific names in the Service that are unique to the Company and are part of our Relevant Rights. You may not use the names of the Voices in the Outputs or Your Project.
10.1.6. You may not attempt to identify the source talent or creators of the Voices or attempt to create the same or similar Voices other than through the normal use of the Service.
10.1.7. You shall retain ownership of the Content in its original form.
10.1.8. The Company does not make any claim to ownership of or rights in the Outputs or the Project other than as contemplated by these Terms and Conditions.
10.1.9. The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Service. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Service or Your use of it infringes any third party intellectual property rights.
10.1.10. You grant to the Company an irrevocable, worldwide licence to use the Content and Outputs in order to maintain, develop and enhance the Company’s software.
11.1.1. You shall keep the Confidential Information confidential and, except with Our prior written consent, shall:
18.104.22.168 not use, copy or exploit the Confidential Information in any way except to perform Your duties or exercise Your rights under these Terms or as otherwise authorised under these Terms;
22.214.171.124 not refer to, disclose or make available the Confidential Information in whole or in part to any third party, except as expressly permitted by this agreement; and
126.96.36.199 apply the same security measures and degree of care to the Confidential Information as You apply to Your own confidential information, and at a minimum protect the Confidential Information from unauthorised disclosure, copying or use;
11.1.2. You may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority (including, without limitation, by a court or other authority of competent jurisdiction) provided that, to the extent it is legally permitted to do so, You give Us as much notice of this disclosure as possible.
11.1.3. Confidential Information does not include any information that:
188.8.131.52 is or becomes generally available to the public other than as a result of its disclosure by You in breach of this agreement (except that any compilation of otherwise public information in a form not publicly known shall nevertheless be treated as Confidential Information); or
184.108.40.206 was available to You on a non-confidential basis prior to disclosure by Us; or
220.127.116.11 was, is or becomes available to You on a non-confidential basis from a person who, to Your knowledge, is not bound by a confidentiality agreement with Us or otherwise prohibited from disclosing the information to You; or
18.104.22.168 was lawfully in Your possession before the information was disclosed to You by Us; or
22.214.171.124 We agree in writing is not confidential or may be disclosed.
12. Your Feedback to Us
12.1.1. You assign to the Company all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
12.1.2. The Company shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to You.
13. Modifications to the Service
13.1.1. The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice.
13.2. Updates to the Service
13.2.1. The Company may from time to time provide enhancements or improvements to the features or functionality of the Service, which may include patches, bug fixes, updates, upgrades and other modifications.
13.2.2. Updates may modify or delete certain features and/or functionalities of the Service. You agree that the Company has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to You.
13.2.3. Updates may make available new or additional features which are not automatically included in Your Subscription fees, even if these features have some or all of the same functionality of the Service. Where such features become available You can add them to Your Subscription through the Service after agreeing to any additional fees and conditions relevant to the new features.
13.2.4. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Service, and (ii) subject to these Terms and Conditions.
13.2.5. You are under no obligation to accept or install any updates which are made available to You by the Company, however the Company will not provide support under any circumstances for versions of the Service that are not the most recent version.
13.3. Maintenance and Support
13.3.1. The Company is not required to configure the Service and does not provide any maintenance or support for the download and use of the Service. To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.
14. Third Party Services
14.1.1. The Service may display, include or make available third-party content (including information, data, applications and other products services) or may contain links to third-party web sites or services that are not owned or controlled by the Company.
14.1.2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
14.1.3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
15. Notice of Right of Withdrawal | Declaration on Immediate Performance
15.1.1. If You are both a consumer and resident in the EU You shall have the following right of withdrawal:
15.1.2. You have the right to withdraw from this contract within fourteen (14) days without giving any reasons.
15.1.3. The withdrawal period will expire after fourteen (14) days from the day on which the contract is concluded (being the date on which You first subscribed). To exercise Your right of withdrawal, You must inform Us of Your decision to withdraw from this contract by an unequivocal statement by email to email@example.com.
15.1.4. To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.
15.1.5. If You withdraw from this contract, we shall reimburse to You all payments received from You, without undue delay and in any event no later than fourteen (14) days from the day on which we are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction.
15.1.6. BY DOWNLOADING OR ACCESSING THE SOFTWARE, YOU HEREBY GIVE YOUR EXPRESS CONSENT TO WAIVE YOUR RIGHT TO WITHDRAW FOR DIGITAL CONTENT, AND YOU ACKNOWLEDGE THAT BY GIVING THIS CONSENT YOU WILL IMMEDIATELY LOSE THE RIGHT TO WITHDRAW FROM THE CONTRACT.
16.1.1. The Terms and Conditions shall remain in effect until terminated by You or the Company in accordance with this clause 16.
16.1.2. Either the Company or You may terminate the Terms and Conditions and Your Account for any reason at any time, such termination to take effect at the end of the then current Initial Period or Subsequent Period (as the case may be) but without prejudice to antecedent rights and continuing obligations.
16.1.3. The Company may terminate the Terms and Conditions and Your Account if You fail to pay any sum payable under the Terms and Conditions, any Order or other relevant agreement on or before the due date for payment of that sum, or otherwise in the event that You are in breach of or fail to comply with any provision of the Terms and Conditions.
16.1.4. Termination under clause 16.1.3 becomes effective on the date that notice in writing is delivered to You stating that a sum has not been paid or that a breach has occurred.
16.1.5. If a breach occurs pursuant to clause 16.1.3, the Company may exercise its rights:
126.96.36.199 notwithstanding the prior acceptance of any part of any amount payable under the Terms and Conditions;
188.8.131.52 notwithstanding the occurrence of any previous or other breach; and
184.108.40.206 without the necessity for any notice to or of any consent or concurrence on the part of any other person.
16.1.6. Upon termination of these Terms, neither party will have any further obligations under the Terms and Conditions other than:
220.127.116.11 in respect of any liability for antecedent breach;
18.104.22.168 in circumstances where the Company has terminated the Terms and Conditions pursuant to clause 16.1.3, the right of the Company to claim from You damages or as a debt due all unpaid Subscription fees for what would otherwise be (but for the termination) the unexpired residual period of the Subscription Period; or
22.214.171.124 any liability in respect of provisions of the Terms and Conditions which are expressed to continue in full force and effect notwithstanding termination.
16.1.7. You will not be entitled to a refund of the Subscription fees in the event of termination of the Terms and Conditions or suspension of the Service.
16.1.8. Upon termination of the Terms and Conditions for any reason, You must immediately cease to use and delete or uninstall the Service, and certify in writing to the Company that You have done so if requested by the Company.
16.1.9. The following clauses of the Terms and Conditions shall continue in full force and effect notwithstanding termination of the Terms and Conditions: clauses 1 (interpretation and definitions); 2 (acknowledgement); 4 (subscriptions); 6.2 (licence); 8 (content); 10 (intellectual property); 11 (Confidentiality); 12 (Your feedback to us); 16 (termination); 17 (limitation of liability); 18 (indemnification); 19 (disclaimer); 20 (assignment); 21 (notices); 22 (governing law); 23 (dispute resolution) and any other provisions which are dependent upon such provisions for their interpretation or for giving effect to them.
17. Limitation of Liability
17.1.1. Notwithstanding any damages that You might incur, to the maximum extent permitted by applicable law the entire liability of the Company, its Affiliates and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the lesser of the amount actually paid by You in the last 2 months for or through the Service or $1,000 USD.
17.1.2. To the maximum extent permitted by applicable law, in no event shall the Company, its Affiliates or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
17.1.3. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
18.1.1. You agree to indemnify and hold the Company and its parents, subsidiaries, Affiliates, officers, employees, sub-contractors, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: (a) use of the Service; (b) violation of these Terms or any law or regulation; (c) any Content You use; (d) Your creation or use of any Objectionable Content; (e) Your creation or use of any Custom Voices; or (f) violation of any right of a third party.
19. "AS IS" and "AS AVAILABLE" Disclaimer
19.1.1. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
19.1.2. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 19.1.3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
20.1.1. You may not assign, dispose of or otherwise transfer these Terms and Conditions or any rights or obligations under these Terms and Conditions (in whole or in part) without the prior written consent of the Company.
20.1.2. You may in no circumstances assign any rights or obligations under these Terms and Conditions to a competitor of the Company.
20.1.3. The Company may assign, in part or in full, its rights and/or obligations under these Terms and Conditions without Your consent.
20.1.4. Subject to this clause 18, these Terms shall be binding on the parties to it and their respective successors and permitted assigns.
21.1.1. All notices and consents required or permitted to be given under these Terms must be in writing and given by personal service, mail (postage prepaid), email or other electronic communication (including through the Service where available) to the parties at their physical or email address or to such other address as either party may designate to the other by written notice.
21.1.2. A Notice is taken to be given and received:
- 126.96.36.199 in the case of a pre-paid posted letter, on the 3rd (7th, if posted to or from a place outside the United Kingdom) Business Day after posting;
- 188.8.131.52 if otherwise delivered before 5.00pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day; and
- 184.108.40.206 in the case of email or other electronic communication, 24 hours after sending.
22. Governing Law
22.1.1. The laws of England & Wales shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
22.1.2. If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
23. Disputes Resolution
23.1.1. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. 24. United States Federal Government End Use
24.1.1. If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
25. United States Legal Compliance
25.1.1. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
26. Severability and Waiver
26.1.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
26.2.1. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
27. Translation Interpretation
27.1.1. These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
28. Changes to These Terms and Conditions
28.1.1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
28.1.2. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
29. Entire Agreement
29.1.1. These Terms and Conditions constitute the entire agreement between You and the Company regarding Your use of the Service and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
29.1.2. You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.