Terms of Service

Last Updated: June 8th, 2023

Welcome to Speaknix! Before you dive into our platform and utilize the myriad of services we offer at https://www.speaknix.com ("Website") and other Speaknix-related sites, applications, communications, and services ("Services"), please take a moment to carefully review these Terms of Service (“Terms”, “ToS”). These Terms govern your access to and use of our Services and are a binding legal agreement between you and Speaknix, Inc. (“Speaknix”, “Us”, “We”, or “Our”).

1. Acceptance of Terms

1.1. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our Services.

You confirm that: (a) you meet the “Minimum Age” requirement (specified below); (b) you will maintain only one account per Service, registered under your true identity; and (c) you are not prohibited by Speaknix from using the Services. Creating accounts with false information or maintaining multiple/duplicate accounts is a breach of these Terms.

“Minimum Age” refers to being at least 16 years of age. However, if local laws stipulate a higher age for Speaknix to lawfully provide the Services to you without parental consent (including processing your personal information), then that higher age applies.

1.2. External Links

Our Services may feature links to third-party websites or services not owned or controlled by Speaknix. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. We disclaim all liability arising from your use of or reliance on any third-party websites or services.

1.3. Account Termination

We may terminate or suspend your access to our Services without notice or liability for any breach of these Terms. Upon termination, your right to use the Services will cease immediately. You may terminate your account by discontinuing use of the Services.

1.4. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes at least 30 days in advance. By continuing to access or use our Services after revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, you must stop using the Services.

2. User Obligations

2.1. Account Integrity

When creating an account, you must provide accurate and up-to-date information. Failing to do so constitutes a breach of these Terms. You are responsible for safeguarding your password and any activities under your account. Notify us immediately upon discovering unauthorized use of your account.

2.2. Payments and Subscriptions

By purchasing any of our paid Services ("Subscription"), you agree to pay the applicable fees and taxes. Your purchase may be subject to exchange rates or location-based price differences.

If you have a Subscription, your payment method will be charged at the start or end of each period. Cancel before the renewal date to avoid further charges. Taxes are calculated based on the billing information provided at the time of purchase

2.3. Cancellation and Refunds

You may cancel your Subscription at any time. Upon cancellation, you'll retain access until the end of the billing period. No refunds will be provided for any Subscription once 24 hours have passed from payment confirmation. Speaknix is not liable for bank charges or overdrafts; resolution of such issues must be handled directly with your bank.

If you update your Subscription, the new Subscription terms will replace the existing ones immediately upon payment confirmation.

By using Speaknix's Services, you acknowledge that you have read, understood, and agreed to these Terms. Welcome to Speaknix, and we look forward to serving you!

3. Rights & Limits

3.1. License to Use Speaknix Services

Your ownership of the content and information you submit to Speaknix Services remains with you. By using our Services, you grant Speaknix and our affiliates a non-exclusive license to:

- Utilize, replicate, modify, distribute, publish, and process the content and information you provide through our Services and those of third parties, without any further consent, notice, or compensation. This license has the following limitations:

The license is intended solely for the operation, enhancement, development, promotion, and improvement of Speaknix Services, including the research and creation of new ones. It allows us to share your content and information with third-party service providers who are contractually involved in delivering Speaknix Services, solely for service provision and not for data storage.

You can terminate this license for particular content by removing it from Speaknix Services or by closing your account. However, this does not apply to instances where the content has been shared with others within the Services and they have copied or stored it, and to the time required to remove it from backups and other systems.

While we may alter the format of your content (such as translating, resizing, or removing metadata), we will not change the meaning of your expression.

Since you retain ownership of your content, you are free to share it with others, including under Creative Commons licenses.

By providing suggestions or feedback about our Services, you permit Speaknix to use and share this information freely without compensation.

You commit to submitting content that is lawful and does not infringe on anyone's rights, including intellectual property rights, and that your profile information will be accurate.

3.2. Service Availability

During your subscription term, Speaknix will maintain the functionality of the Services. While we may modify, pause, or stop our Services, this won't affect current subscriptions, and we will continue to deliver consistent service until the end of your subscription period. Speaknix endeavors to provide you with uninterrupted Services.

Speaknix is not a content storage service, and we do not guarantee the storage or display of any information and content you post. We are not obligated to keep, maintain, or provide copies of any content or information you or others submit, except as mandated by law and as stated in our Privacy Policy.

3.3. Limits

Speaknix reserves the right to limit, suspend, or terminate your account if you breach this User Agreement, the law, or misuse our Services.

3.4. Intellectual Property Rights

Speaknix retains all intellectual property rights related to the Services. Any trademarks and logos associated with the Services belong to their respective owners.

3.5. Usage, Commercial, and Resale Rights

During your subscription, you are permitted to use our Services within the scope allowed by your subscription, unless otherwise stated. These rights are contingent upon your adherence to this agreement and any additional terms provided by Speaknix.

"Commercial" usage refers to any monetized or business-related applications, such as videos, audiobooks, advertising, promotions, blogging, and product integration.

Commercial rights exclude reselling or white labeling Speaknix Services for further distribution or licensing to third parties.

If you wish to white label our Services for your clients, please contact us directly.

Certain use cases necessitate separate authorization for resale rights, which are not included in any subscription. These include web and mobile applications that emulate or provide access to Speaknix Studio or API functionalities for third-party resale.

Illegal, immoral, or defamatory purposes are prohibited in the use of our Services.

4. Custom Voice Cloning

Speaknix offers Voice Designing (Cloning) Services, enabling you to synthesize voice recordings resembling a Speaker by typing new words (“Cloned Voice”). A “Speaker” is an individual who has granted necessary licenses, rights, consents, and permissions for the use of their voice recordings to train the Cloning AI and to synthesize speech.

By submitting files or recordings to our Services (“Submitted Files”), you confirm that:

- You own the Submitted Files or have the required licenses, rights, consents, and permissions to use them within our Services, including Voice Designing (Cloning).

- You have obtained consent from every identifiable individual in your Submitted Files for the use of their name or likeness within our Services, including Voice Designing (Cloning).

- You bear sole responsibility for any content generated using Submitted Files you do not own or lack permission to use.

US Specific

For US residents: If you believe that material on our Services infringes upon your Intellectual Property Rights, please notify us at contact@speaknix.com. Provide the following in your notification:

- A signature of the person authorized to act on behalf of the Copyright owner.

- Identification of the copyrighted work or works claimed to have been infringed.

- Identification of the infringing material and information sufficient to locate it.

- Your contact information.

- A statement of good faith belief that the use of the material is unauthorized.

- A statement that the information provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the Copyrighted work.

By using Speaknix's Custom Voice Designing (Cloning) Services, you grant permission to Speaknix and its affiliates to use the data you provided for research and development purposes. Any data, including sensitive personal information, will not be shared with third parties unless for research and enhancement of Speaknix's technology and Services.

5. Disclaimer and Limit of Liability

5.1. No Warranty

Speaknix and its affiliates provide no assurances or guarantees regarding the Services, including any claims that the Services will be uninterrupted or error-free. The Services are offered on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, Speaknix and its affiliates disclaim all implied or statutory warranties, including any warranties of title, data accuracy, non-infringement, merchantability, or fitness for a particular purpose.

5.2. Limitations on Liability

Speaknix shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of revenue, profits, data, or data use, resulting from your use or inability to use the Services.

Speaknix's maximum aggregate liability for any damages arising from or related to this agreement, the Services, or your Subscription, whether in contract, tort, or otherwise, shall not exceed the total amount paid to Speaknix for the Services during the three (3) month period immediately preceding the event that gave rise to the claim, less any refunds or credits received by you from Speaknix under such Subscription.

6. Governing Law

These Terms are governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision in these Terms will not be deemed a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Services, superseding any prior agreements regarding the Services.

7. General Terms

If any part of these Terms is deemed unenforceable, both parties agree that the court should modify the terms to make that part enforceable while maintaining its intent. If the court cannot do so, both parties agree to ask the court to remove the unenforceable part and still enforce the rest of these Terms.

These Terms (including any additional terms provided by us when you engage with a feature of the Services) represent the entire agreement between us regarding the Services and supersede all prior agreements for the Services.

Failure by Speaknix to enforce a breach of these Terms does not waive our right to enforce these Terms. You may not assign or transfer your membership or use of Services without our consent. However, Speaknix may assign these Terms and our Agreement with you to its affiliates or a buyer without your consent. There are no third-party beneficiaries to these Terms.

The only way to provide us with legal notice is through contact@speaknix.com.

8. “Dos and Don'ts”

8.1. Dos

You agree to:

Comply with all applicable laws, including privacy, intellectual property, anti-spam, export control, tax laws, and regulatory requirements;

Provide accurate information to us and update it as necessary;

Use your real name on your profile;

Use the Services professionally; and Adhere to the Terms of Service.

8.2. Don'ts

You agree not to:

Create false identities on Speaknix, misrepresent your identity, create a profile for anyone other than yourself, or use another's account;

Develop or use software, devices, scripts, or any means to scrape the Services or copy profiles and other data;

Bypass any security feature or access controls of the Service;

Distribute information obtained from the Services without Speaknix's consent;

Disclose information without the necessary consent (such as confidential information);

Infringe on others' intellectual property rights;

Post harmful, illegal, or offensive material;

Use bots or automated methods to access the Services;

Harass or cause discomfort to other users;

Publish material that is unlawful, obscene, defamatory, or inappropriate;

Send spam, unsolicited communications, or pyramid schemes;

Collect users' information without their consent;

Monitor the Services for competitive purposes;

Engage in framing, mirroring, or simulating the appearance of the Services;

Interfere with the operation of the Services or overload them.

9. Contact Us

For inquiries, please contact us at contact@speaknix.com.

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