Terms of Service

Effective Date: April 21, 2020
Last Updated: January 20, 2023

Introduction

Thank you for using Voicemaker! These Terms of Service ("Terms") govern your access to and use of the Voicemaker website, apps, APIs, widgets, browser extensions (“Voicemaker” also referred to as “we” and “us”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Voicemaker, you agree to be bound by these Terms, our Privacy Policy, our Cookie Policy.

Voicemaker® platform operated by our parent company Yedap Technologies, LLC (WY, United States). You agree that by clicking “Create an Account”, “Sign in with Google”, “Login with Facebook” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Voicemaker (Yedap Technologies LLC). (even if you are using our Services on behalf of a company).

If you do not agree to these terms of service (“TOS” or “User Agreement”), do not click “Create and Account” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this User Agreement at any time you can do so by closing your account and no longer accessing or using our Services.


Our Service

Voicemaker® offer a state-of-the-art AI voice creation technology and online platform. We love to see what you create with this technology. You have complete ownership of the audio files you create, and the content with which you create the audio files.


Obligations

  • By using the Services, you are confirming that you meet the following criteria: (a) you are at least the Minimum Age as defined; (b) you only have one Voicemaker account that uses your real name; and (c) you have not been previously restricted from using the Services by Voicemaker. Using false information or creating multiple/duplicate accounts is a violation of our terms, including creating accounts for others or for those under the Minimum Age.
  • “Minimum Age” means 16 years old. However, if law requires that you must be older in order for Voicemaker to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
  • You agree to: (a) use a strong password and keep it confidential; and (b) not transfer any part of your account. You are responsible for anything that happens through your account unless you close it or immediately report misuse by contacting us at [email protected]
  • Your account belongs to you and not to others, including your employer. However, if the Services were purchased by another party for you to use (e.g. Enterprise accounts), the paying party has the right to control access and receive reports on your use of the paid Services, but not rights to your personal account.

Rights and Limits

As between you and Voicemaker, the content and information that you submit to the Services belongs to you. However, by using the Services, you are granting Voicemaker and our affiliates a non-exclusive, worldwide, transferable and sublicensable license to use, copy, modify, distribute, publish and process the information and content you provide through our Services and the services of others, without any further consent, notice or compensation to you or others. These rights are limited in the following ways:

  • This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your information and content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services (“Third Parties”), solely for the purpose of providing such Services. Your content and information is made available to Third Parties only for processing and not storage.
  • You can end this license for specific content by deleting such content from the Services, or generally by terminating your account, except (i) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it, and (ii) for the reasonable time it takes to remove from backup and other systems.
  • While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  • Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You and Voicemaker agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of our Privacy Policy and your specified choices and settings. By submitting suggestions or other feedback regarding our Services to Voicemaker, you agree that Voicemaker can use and share, but is not obligated to, such feedback without compensation to you.

You also agree to only provide content or information that does not violate any laws or anyone's rights (including intellectual property rights) and to ensure that your profile information is truthful.


Service Availability

We will not materially decrease the functionality of the Services during your Subscription period and continue to provide the Services till the end your Subscription period. We may change, suspend or discontinue our Services however this will not affect any ongoing Subscriptions and we will continue to provide the same level of service till the end of your Subscription period.

We don’t promise to store or keep showing any information and content that you’ve posted. Voicemaker is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.


Termination

Both you and Voicemaker may terminate this User Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Section - Disclaimer and Limit of Liability, Arbitration, Class-Action Waiver, and Jury Waiver, Governing Law and Dispute Resolution and User Agreement; and
  • Any amounts owed by either party prior to termination remain owed after termination.

Payment

  • When you purchase any of our paid Services (“Subscription”), you agree to pay the applicable fees and taxes and any additional terms specific to the Subscription. If you fail to pay these fees, your Subscription will be terminated. Additionally, you agree that:
  • Your purchase may be subject to foreign exchange fees or variations in prices based on location (e.g. exchange rates).
  • Our payment processor may store and continue billing your payment method (e.g. credit card) even after it has expired, to prevent interruptions in your Services and to pay for other Services you may purchase in the future.
  • If you purchase a Subscription, your payment method will automatically be charged at the start of each Subscription period for the fees and taxes applicable for that period. To prevent future charges, cancel before the renewal date.
  • We may calculate the taxes payable by you based on the billing information you provide us at the time of purchase.
  • If you have any issues with the Fees or Taxes, please contact [email protected] within thirty (30) days from the date of the invoice in question. Any undisputed amounts that are past due may incur a finance charge of 1.5% of the unpaid balance per month. If any portion of your Fees are past due, we may block your access to the Services after giving you written notice of late payment.
  • Free Tier: You are not permitted to create multiple accounts to take advantage of credits provided in the free tier of the Services. If we suspect you are not using the free tier in good faith, we may charge you standard fees or revoke access to the Services.

Changes to the Price and Subscription Plans

We may alter our subscription plans and the cost of our Services from time to time; however, any changes in price or changes to your subscription plans will take effect no sooner than 30 days after giving notice to you.


Refunds

  • Payment obligations are non-cancelable and fees paid are non-refundable unless otherwise provided in this section.
  • If you choose to cancel your Subscription during a Subscription period, you may use the Subscription until the end of your then-current Subscription period or renewal period, but will not be issued a refund for the most recently charged fees.
  • Refunds are not available for payments made for one-time packs or Subscriptions that have been: (i) purchased more than 5 days ago, or (ii) used for more than 10,000 characters of text to speech conversion characters. If you have purchased a Subscription or a one-time pack within the last 5 days and your account usage is less than 10,000 text characters of voice generation, you can submit a refund request by writing to us at [email protected].
  • Within one business day, we'll process your refund. No hard feelings, no questions asked.

Notices

You agree that we will provide notices and messages to you in the following ways: (a) within the Service, or (b) sent to the contact information you provided us (e.g., email). You agree to keep your contact information up to date.


Intellectual Property Rights & Publicity Rights

Voicemaker® is a registered trademark in India issued by the Government of India, and is currently undergoing trademark registration in the United States. Voicemaker retains all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

By using the Services, you grant Voicemaker the right to identify yourself/your organization as a Voicemaker customer on Voicemaker's website and/or marketing materials, and to include your/your organization's usage of the Services in case studies.


General Support terms

  • Support inquiries will only be handled through email.
  • We aim to respond to support queries within 24 hours of submission. We often respond much sooner than this, however our standard products do not include any form of support time response guarantee unless otherwise specified.
  • Corporate customers who require a dedicated account manager, or guaranteed response times should contact us to arrange a premium service level agreement.
  • Using offensive language and profanity with our support team will not be tolerated.

Confidentiality

We treat the content and information that you submit to the Services in accordance with this User Agreement (“Your Information”) as confidential. We will not, without your consent, use Your Information other than as provided in this User Agreement or disclose Your Information to any third party other than to our officers, directors, employees, agents, assigns, consultants, contractors, service providers, representatives or affiliated entities who need to access Your Information and who are required to protect the confidentiality of Your Information. We will use at least reasonable care to protect the confidentiality of Your Information.

Confidentiality obligations will however not apply to Your Information:

  • that is known to us, prior to receipt from you, or is obtained from a source other than one having an obligation of confidentiality to you;
  • that has become known (independent of disclosure by you) to us directly or indirectly from a source other than one having an obligation of confidentiality to you; or
  • that has become publicly known or otherwise ceases to be secret or confidential, except through a breach of this section by us, including if you designate a Your Information as “public” or post such information or content in a public area of the Site.

Voice Cloning

Voice cloning is a feature of Voicemaker that enables you to use Cloning Voices to generate voice recordings that sound like a Consenting Speaker by typing new words. A "Cloning Voice" is an AI model trained on voice recordings of a Consenting Speaker. A "Consenting Speaker" is an individual (including yourself) who has provided explicit consent to use recordings of their voice to train a Cloning Voice and to generate and use their voice in the manner described in this document.

You can create new Cloning Voices by submitting voice recordings of a Consenting Speaker as training audio (“Training Audio”). By submitting Training Audio to Voicemaker, you give your consent (and represent and warrant that you have obtained the consent of any third-party Consenting Speakers) for us to use and store the audio recordings and voices you submit as follows:

  • to use your voice, and the voice of any third-party Consenting Speakers, to train a Cloning Voice, to synthesis and use such voices as described in this document, and to otherwise operate the Service;
  • as part of our research datasets to analyze, maintain, and improve our voice technology and other technology, and for other research and development and data analysis purposes, provided that if we add your Training Audio to our research datasets, we first anonymize the data so it is no longer associated with your account. Please write to us at [email protected], if you would like to opt out of the use of your data for this purpose;
  • Voicemaker employees and contractors may listen to audio samples of your Training Audio and your synthesis audio in order to test the quality of your Cloning Voice; and Voicemaker employees may use your Cloning Voice to create a series of non-defamatory utterances, solely for internal quality assurance purposes.

Aside from the above described use, only you and those you explicitly share access with will have the ability to generate synthesized audio using your Cloning Voice. Voicemaker will not share your Training Audio or your Cloning Voice with third parties except as explicitly described above and in our Privacy Policy.

You agree to only submit audio of Consenting Speakers. Submitting unauthorized voice recordings of third parties as training audio or otherwise is strictly prohibited. You represent and warrant that you will not submit any recording to Voicemaker that contains the voice of any speakers that have not explicitly consented to have their Cloning Voice created and to have their voices generated and used in the manner described in this document.


Commercial Rights

You are allowed to use voices created by Voicemaker for commercial purposes, and to distribute or make them available to third parties for commercial use. However, you agree that the commercial rights do not include reselling rights and you cannot resell or offer to resell Voicemaker's offerings to any third-party.

Commercial rights refer to any use of Voicemaker created voices in business-related applications that directly or indirectly result in commercial benefit or financial gain.


Third-Party Content and Services

Voicemaker may include or provide access to data, information, and content from third parties, including other users, as a service. However, Voicemaker does not control or endorse this content, and does not make any guarantees about its accuracy, completeness, or non-infringement. Users should be aware that Voicemaker is not responsible or liable for any third-party content and is not responsible for updating or reviewing it. Users use this content at their own risk.


Disclaimer and Limit of Liability


No Warranty

Voicemaker and its affiliates do not provide any guarantees about their services and provide them "as is" and "as available". They also disclaim any implied or statutory warranties, including accuracy of data, non-infringement, and fitness for a specific purpose, to the fullest extent allowed by law.

Exclusion of Liability
  • To the fullest extent permitted by law, and unless Voicemaker has entered into a separate written agreement that overrides this user agreement, Voicemaker, including its affiliates, will not be liable in connection with this user agreement for lost profits or lost business opportunities, reputational damage (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content), or third-party policies (such as YouTube refusing to allow monetization of videos with synthesized voices or ACX declining text-to-speech based audio books, Meta (Facebook or Instagram) blocked video due to synthesized voices), API abuse and misuse or any indirect, incidental, consequential, special or punitive damages.
  • Voicemaker and its affiliates will not be liable to you in connection with this user agreement for any amount that exceeds the total fees paid or payable by you to Voicemaker for the services during the term of this user agreement, if any.
Basis of the Bargain; Exclusions

The limitations of liability outlined in this Section - Disclaimer and Limit of Liability are an integral part of the agreement between you and Voicemaker, and will apply to all types of liability, including but not limited to warranty, tort, negligence, contract and law. These limitations will apply even if Voicemaker or its affiliates have been informed of the possibility of such damages, and even if these remedies fail to achieve their intended purpose.

However, these limitations do not apply in cases of death or personal injury, fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached. A material obligation is one that is essential for the delivery of services and on which you can reasonably rely. The limitations will only apply in cases where the damages were directly caused by the breach and were foreseeable upon conclusion of this User Agreement, and to the extent that they are typical in the context of this User Agreement.


Arbitration, Class-Action Waiver, and Jury Waiver

Please take the time to carefully read the following paragraphs, as they outline the agreement between you and Voicemaker to resolve any disputes through binding individual arbitration.

  • The arbitration agreement outlined in this Section - Arbitration, Class-Action Waiver, and Jury Waiver, applies to all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to this User Agreement or the use of the Services that cannot be resolved in small claims court, and will be resolved through binding individual arbitration. The only exception to this is disputes related to the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Additionally, disputes concerning the arbitrability of a claim, including disputes about the scope, applicability, enforceability, revocability, or validity of the arbitration agreement, will be decided by the arbitrator.
  • The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. The arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, or an alternative arbitral forum if the AAA is not available. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
  • In the event that non-appearance arbitration is chosen, the arbitration process can be conducted through a combination of methods such as telephone, online, or written submissions. The party initiating the arbitration will determine the specific manner of arbitration. Unless both parties mutually agree otherwise, the arbitration will not require any in-person appearances by the parties or witnesses.
  • The arbitrator will have the authority to determine the jurisdiction of the arbitration and the rights and liabilities, if any, of you and Voicemaker. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the power to grant motions dispositive of all or part of any claim or dispute and award monetary damages and any non-monetary remedy or relief available under law, the arbitral forum’s rules, and the User Agreement. The arbitrator will provide a written award and statement of decision that describes the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will have the same authority as a judge in a court of law to award relief on an individual basis and the award of the arbitrator is final and binding upon you and Voicemaker.
  • By agreeing to this User Agreement, you and Voicemaker are voluntarily waiving your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Instead, you and Voicemaker are electing to have claims and disputes resolved through arbitration. The arbitration process is typically more streamlined, efficient, and cost-effective compared to court procedures and is subject to limited review by a court. In the event of any litigation between you and Voicemaker over whether to vacate or enforce an arbitration award, both parties waive all rights to a jury trial and instead opt for the dispute to be resolved by a judge.
  • In accordance with this arbitration agreement, all claims and disputes must be resolved on an individual basis and cannot be resolved on a class-wide or consolidated basis. Claims or disputes from multiple customers or users cannot be arbitrated or litigated together. However, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and all claims and disputes will be resolved in a court as outlined in Section - Arbitration, Class-Action Waiver, and Jury Waiver.
  • Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
  • You may opt out of this Arbitration Agreement. If you do so, neither you nor Voicemaker can force the other to arbitrate. To opt out, you must notify Voicemaker in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and the email address you used to set up your Voicemaker account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must email your opt-out notice to [email protected].
  • Notwithstanding the foregoing, either you or Voicemaker may bring an individual action in small claims court.

General Terms

If a court with authority over this User Agreement finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this User Agreement.

This User Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this User Agreement, that does not mean that Voicemaker has waived its right to enforce this User Agreement. You may not assign or transfer this User Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Voicemaker may assign this User Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this User Agreement.

You agree that the only way to provide us legal notice is at the address provided in Section - How To Contact Us.


Dos and Don’ts :

Dos

You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the Services in a professional manner.
Don’ts

You agree that you will not:

  • Create a false identity on Voicemaker, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the Service;
  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Voicemaker;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
  • Violate the intellectual property or other rights of Voicemaker, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (ii) using the word “Voicemaker” or our logos in any business name, email, or URL without our express consent in writing;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Use bots or other automated methods to access the Services;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Publish, post, upload, distribute, disseminate or submit material through the Services that is unlawful, profane, non-consensual, obscene, defamatory, indecent, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • Publish, post, upload, distribute or disseminate any, indecent or unlawful topic, name, material or information;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Harvest or otherwise collect or disclose information about other users without their consent;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); or
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

Claims regarding copyright infringement

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Voicemaker has implemented procedures for receiving written notification of claimed infringements. Voicemaker has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description specifying the location on our website of the material that you claim is infringing;
  • Your email address and your mailing address and/or telephone number;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

It is important to be aware that any notice you submit must be truthful and must be submitted under the penalty of perjury. Submitting a false notice or counter-notice may lead to personal legal consequences. Therefore, it is recommended to seek legal advice before submitting a notice.

To submit your notice, please contact Voicemaker (Yedap Technologies LLC)'s designated agent at: [email protected].


Change in the Agreement

We have the right to change the agreement process when we need to do it by sending notice to you before we make the changes to the agreement.


How To Contact Us

For general questions, you can reach us at [email protected]
For legal notices or official documents, please send an email to [email protected]

Voicemaker
Yedap Technologies LLC
1309 Coffeen Avenue STE 1200
Sheridan, Wyoming 82801, USA
Phone: +1 415 662 8550