Welcome to TextToSpeech.ai! Our Terms of Service outline the terms and conditions governing your use of our platform, websites (e.g., texttospeech.ai), applications, and other online services (collectively, the "Services"). These terms establish the expectations and responsibilities for both you as the user and us as the service provider.
This section provides an overview of the document, detailing its purpose and structure to help you understand its contents.
Here, we explain how our Services function and define the relationship between you, the user, and TextToSpeech.ai as the service provider.
In this section, we delve into the specifics of interacting with our Services, outlining the rules and guidelines for engagement.
We detail how our Services are charged, including information on payment procedures and options for opting out of our Services.
This section outlines our approach to resolving disputes and handling any issues that may arise during your use of our Services.
For users based in the European Economic Area (EEA), this section provides instructions on how to withdraw from our Services in compliance with applicable regulations.
Lastly, we provide a glossary of key terms used throughout these terms to ensure clarity and understanding.
We strongly advise you to review these terms carefully. By accessing any of our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.
In addition to agreeing to these Terms of Service, your use of our Services also constitutes acceptance of our Privacy Policy, which is integrated into these Terms of Service by reference. We encourage you to review our Privacy Policy to understand how we manage your information when you utilize our Services.
With the exception of specific dispute resolution methods outlined in the section titled "Dispute Resolution and Arbitration" below, you consent that any disputes arising from these Terms of Service will be settled through binding individual arbitration. By accepting these Terms, both you and TextToSpeech forfeit the right to a trial by jury or participation in any class action or representative proceeding.
Thank you for choosing TextToSpeech. Your agreement to these terms ensures a clear understanding of our mutual responsibilities and expectations. Should you have any inquiries or concerns, feel free to reach out to us.
These terms are governed by applicable laws that protect certain rights which cannot be restricted by a contract such as these terms of service. It's important to note that we do not intend to limit those rights in any way through these terms
These terms establish the relationship between you and TextToSpeech. They do not grant legal rights to any other individuals or organizations, even if they may indirectly benefit from this relationship as outlined in these terms.
Please be aware that not all Services mentioned in these terms may be accessible in your country.
Failure to enforce any provision of these terms immediately does not waive our rights to take action in the future if you do not comply with these terms.
We reserve the right to update these terms to reflect changes in our Services or adjustments to our business operations. Updates may occur:
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If you do not agree to the updated terms, you are encouraged to remove Your Content and discontinue using our Services. Additionally, you have the option to terminate your relationship with us at any time by closing your account.
Please note that there may be instances of typographical errors, inaccuracies, or omissions in the information provided on our Site, including descriptions, pricing, availability, and other details. We reserve the right to rectify any such inaccuracies on our Services without prior notification.
These terms apply to all users of our Services. If any term or provision of this Contract is deemed illegal or in conflict with any law by a court of competent jurisdiction, it will not invalidate any other terms. Specific provisions relevant to residents of the US, EU, and UK are provided where applicable.
To utilize the Services, you must be at least 18 years of age.
These terms delineate your relationship with us. By and large, we grant you permission to access and use our Services under the condition that you adhere to these terms, which outline the functionalities of our Services and how we derive revenue from them. When referring to "TextToSpeech," "we," "us," and "our," we are addressing Eleven Labs Inc. and its Affiliates. Our Service or Services encompass various features and functionalities, including but not limited to text-based speech generation, voice cloning, and Voice Design.
Thank you for choosing TextToSpeech. Should you have any inquiries or require further clarification, please feel free to contact us.
We are committed to advancing our technology and enhancing the features of our Services to provide you with the best possible experience. As part of this ongoing effort, we may introduce new features, remove existing ones, adjust usage limits, or offer new services. Additionally, we may make changes to our Services to:
Furthermore, we continually update our Services to align with applicable laws and regulations, ensuring compliance and maintaining legal safety standards. In cases where significant safety or security risks are identified, we may implement automatic updates to our Services.
Our Service is provided on an as-is and as-available basis. While we strive to maintain functionality and reliability, it's important to note that due to the nature of machine learning and other variables, we cannot guarantee that our models will consistently produce the desired output. Generated Content may occasionally contain errors, mispronunciations, or unintended artifacts.
We reserve the right to monitor our Services for any violations of these terms. In the event of any such violation, we may take appropriate action against individuals who, in our judgment, breach the law or these terms. This action may include, but is not limited to:
We are committed to maintaining the integrity and functionality of our Services, and we will take necessary steps to ensure compliance with our terms and applicable laws
To clarify, we do not claim any Intellectual Property Rights over the Files you Upload or the Content you Generate using our Services, including recordings of your voice. Additionally, we do not use the Files you Upload to independently generate any content, nor do we use any of your Generated Content without your explicit permission for purposes other than those outlined in the "License and Your Intellectual Property" section below.
We utilize the Content you Upload to perform our Services and may use it to enhance our Services and models. Your Files are securely stored and processed with measures in place to prevent unauthorized access. While we can delete your Uploaded Files upon request, please note that we do not provide data storage services and cannot retrieve deleted Files.
If you wish to opt out of allowing us to use Your Content to improve our Services and models, please complete this online form. Your Content will be excluded from our improvement materials effective from the date your request is processed by our team. This opt-out applies only to future use of Your Content, and does not affect any prior uses.
For further details on sharing the content generated through our Services, refer to our Voice Cloning Guide.
Due to the nature of machine learning, the content you generate using our Services may not be unique across users, and similar input may produce identical or similar output. For instance, inputting "Hello, my name is Bob" may result in the same audio output. Responses generated for other users are not considered Your Content.
Thank you for your understanding. Should you have any questions or require further clarification, feel free to reach out to us.
We acknowledge that uninterrupted access to our Site or Services cannot be guaranteed. Occasional hardware, software, or other technical issues may arise, and maintenance tasks related to our Services may be necessary, resulting in interruptions, delays, or errors. Additionally, we reserve the right to modify, suspend, or discontinue offering our Services without prior notification.
For users subscribed to complimentary plans, we retain the right to alter, suspend, or discontinue our Services without prior notice and for any reason.
For users subscribed to paid plans: We are committed to notifying you in advance of any changes to our Services that may have a negative impact on your usage experience.
We appreciate your understanding regarding these potential disruptions. Should you have any concerns or inquiries, please don't hesitate to contact us.
You acknowledge and agree that we bear no liability for any loss, damage, or inconvenience resulting from your inability to access or utilize the Site during periods of downtime or discontinuation of the Site. These Terms of Use do not impose any obligation on us to maintain or provide support for the Site, nor do they require us to supply any corrections, updates, or releases in connection with our Services.
If you're a Consumer based in the European Economic Area (EEA), you have the right to withdraw from these terms within 14 days of accepting them. For more detailed instructions, please refer to the section titled "EEA Instructions on Withdrawal."
In general, we grant you permission to utilize our Services under the condition that you adhere to these terms.
For detailed guidelines on safely utilizing specific Services, please consult our Voice Cloning Guide.
While we grant you permission to utilize our Services, we retain all Intellectual Property Rights associated with them. This encompasses all aspects of our Services, including source code, technical capabilities for speech synthesis, voice cloning, or voice design, databases, functionality, software, technology, videos, website designs, text, and graphics, as well as their design and arrangement. This also includes our trademarks, trade names, and logos. We request that you refrain from copying, reproducing, republishing, uploading, publicly displaying, distributing, selling, licensing, or using any parts of our Services described above for commercial purposes. You are prohibited from utilizing any part of our Services or their output to conduct research and develop products, models, and services that compete with TextToSpeech
If you possess the necessary Intellectual Property Rights in the Content you Generate with our Services, you may utilize this Generated Content for commercial purposes.
We are committed to maintaining a respectful and safe environment for all users, and we kindly ask you to adhere to these fundamental rules of conduct when utilizing our Services:
By utilizing our Services, you affirm that:
Please refer below for further details on prohibited activities.
Our Services generally enable you to upload audio files and generate audio content. However, it's important to note that you're not obligated to provide any files to our Services, and you have the freedom to select the files you wish to upload. Should you opt to upload files with the intent of sharing the content you generate using those files, please ensure that you possess the requisite rights to do so and that you share your generated content in accordance with the law.
Your content belongs to you, and you maintain the intellectual property rights associated with it. This encompasses both the files you upload to our services and the files you generate using our services. If your intellectual property rights impose restrictions on our use of your content, we require your permission. By accepting these Terms of Service, you grant us a license to utilize, host, store, display, reformat, archive, cache, disclose, reproduce, distribute, perform, display, transmit, and otherwise exploit your contributions and your content in accordance with the terms outlined herein (referred to as the Content License).
This license pertains to Your Contributions and Your Content.
Under this license, we are authorized to utilize, host, store, display, reformat, archive, cache, disclose, reproduce, distribute, perform, display, transmit, and otherwise exploit Your Content and Your Contributions. For instance, this allows us to execute our services, retain Your Content and Your Contributions on our systems, and ensure accessibility from any location you access
This license is perpetual, sublicensable, worldwide, and royalty-free, and unless otherwise stated in these Terms of Service, it is irrevocable.
If your Uploaded Content contains personal data of EU citizens, you bear responsibility and accountability for this data as a controller under the General Data Protection Regulation. You authorize TextToSpeech to process this data on your behalf by hosting your enrolled data. Additionally, you authorize TextToSpeech to engage other parties as processors. We process your Uploaded Content in accordance with these Terms.
If you are an EU or UK citizen, please note that this license does not supersede your right to opt out from certain purposes of personal data processing, as specified in our Privacy Policy.
The Voice Library provides access to content generated by TextToSpeech and other users.
You can utilize and repurpose content available on the Voice Library under the terms of our license outlined below (the “Voice Library License”).
Under our Voice Library License, you have the freedom to access and repurpose any content from the Voice Library for personal or commercial purposes
Key attributes of our Voice Library License include:
TextToSpeech reserves all rights not explicitly granted in this license. Providing credit to account users for materials in the Voice Library does not imply ownership of the materials or underlying voice synthesis capability by the user. Ownership rights in materials from the Voice Library are subject to our Terms of Service.
This license is contingent upon your adherence to our Terms of Service.
It does not grant permission to use content for purposes listed in the ‘prohibited activities’ section of these Terms or to infringe upon the rights of any third party, including intellectual property or privacy rights.
To opt out of Your Content being utilized by us for enhancing our Services and models, complete this online form. Upon processing your request, Your Content will be excluded from materials used for these purposes, effective from the date of processing. This opt-out request applies prospectively, meaning it does not affect previous uses of Your Content.
To access certain features of our Services, you may need to register and create a user account by supplying an email address and creating a password. Alternatively, you can register using your existing Google/Facebook account. By clicking “Sign up” and confirming your agreement to these Terms of Service by ticking the checkbox, you consent to be bound by these terms.
If you opt for a paid subscription, you'll be prompted to provide payment details. By furnishing this information, you authorize us to levy fees for the Services covered under your subscription. Apart from this, registration is free of charge. We will acknowledge your offer either by sending a confirmation email or by providing the Services to you.
You are responsible for maintaining the confidentiality of your password, and you will be accountable for all activities conducted using your account and password. Sharing or reselling access to your account to others is prohibited.
By uploading any of Your Content to our Services, you affirm that you either own Your Content or possess the requisite rights and permissions to upload and utilize (and to enable us to receive and use) Your Content as envisaged by these Terms of Service. For instance, if you upload a voice recording belonging to someone else to our Services, you assert and guarantee that you have obtained permission from the voice owner to clone and synthesize their voice. Solely you are responsible for obtaining these rights and permissions.
We request that the content generated using our Services by users subscribed to free plans and by non-signed-up users be credited to TextToSpeech when disseminated outside of our platform, by incorporating [TextToSpeech.ai] or [11.ai] in the description
Within our suite of Services, we offer a Voice Cloning Service, enabling you to utilize our technology to synthesize voice recordings resembling a Speaker by inputting new words ("Cloned Voice"). A “Speaker” refers to an individual (including yourself) who has granted the requisite licenses, rights, consents, releases, and permissions to utilize recordings of their voice for training our software and models, as well as for synthesizing and otherwise utilizing their voice for speech synthesis purposes.
To dispel any ambiguity, by Uploading Files to our Services, you affirm that:
We adhere to the regulations outlined in the Digital Millennium Copyright Act that are relevant to internet service providers (17 U.S.C. § 512, as amended). Should you have a complaint related to Intellectual Property Rights concerning any material present on the Services, you can reach out to our Designated Agent via the following contact details:
Email: [email protected]
If you believe that any content available through the Services has been utilized or exploited in a manner that violates an intellectual property right under your ownership or control, please expeditiously submit a written "Notification of Claimed Infringement" to the Designated Agent mentioned above, including the following details:
Your Notification of Claimed Infringement may be disclosed by TextToSpeech to the alleged infringing user, as well as to the administrators of publicly accessible databases that monitor notifications of claimed infringement. You hereby consent to TextToSpeech making such disclosures. It is advisable to seek legal counsel or refer to 17 U.S.C. § 512 to ensure compliance with your obligations in submitting a valid notice of claimed infringement.
If you receive a notification from TextToSpeech indicating that material you made available on or through the Service has been the subject of a Notification of Claimed Infringement, you have the right to provide TextToSpeech with a "Counter Notification." To be effective, a Counter Notification must be in writing and provided to TextToSpeech' Designated Agent through one of the methods identified in the "DMCA Notification" section above. It must include substantially the following information:
A party submitting a Counter Notification should consult with a lawyer or refer to 17 U.S.C. § 512 to ensure compliance with the obligations to provide a valid counter notification under the Copyright Act
If you submit a Counter Notification to TextToSpeech in response to a Notification of Claimed Infringement, TextToSpeech will promptly provide the person who submitted the Notification of Claimed Infringement with a copy of your Counter Notification. TextToSpeech will inform them that it will replace the removed User Content or cease disabling access to it within 10 business days.
TextToSpeech will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless TextToSpeech' Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement. This notice indicates that the party has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on TextToSpeech' system or network.
The Copyright Act, as outlined in 17 U.S.C. § 512(f), stipulates that any individual who knowingly materially misrepresents under Section 512 of the Copyright Act (17 U.S.C. § 512) that:
will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, copyright owner, authorized licensee, or service provider who is injured by such misrepresentation. This liability arises from the reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
TextToSpeech reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
While we do not proactively monitor Your Content on our Services, you are accountable for the Files you Upload and generate using our Services. If we find that Your Content violates the law or these terms, we may be obligated to take action.
As a user of our Services, you agree not to utilize our Services to (or to attempt to):
Before initiating any action as outlined below, we will endeavor to inform you in advance when reasonably possible. We will provide the reason for our action and afford you an opportunity to rectify the issue, unless we reasonably believe that doing so would:
If you have valid grounds to assert that certain content originated from TextToSpeech and violates any of the terms outlined in this Terms of Service, you can report it in accordance with the Moderation Policy detailed below.
If we have reasonable grounds to believe that any of Your Content breaches these terms, violates applicable law, or could cause harm to others or to TextToSpeech, we reserve the right to remove some or all of Your Content in accordance with applicable law. This includes instances of content that facilitate human trafficking or harassment, terrorist content, and content that infringes upon someone else’s Intellectual Property Rights
Introduction: This section outlines our policy for taking action when Your Content is deemed illegal, harmful, or in violation of our platform's Terms of Service. We are dedicated to fostering a respectful, safe, and inclusive environment for all users. To achieve this, we have established guidelines for acceptable use and a process for reviewing reported violations.
Purpose: The purpose of this policy is to clearly outline unacceptable content on our platform and specify the actions we may take in response to a violation.
Content Restrictions: These include, but are not restricted to:
Appeals: Users can appeal against any decision by TextToSpeech within seven days of notification about the violation. Upon receiving an appeal, TextToSpeech will thoroughly reevaluate the case. If the user provides a reasonable and sufficient explanation, we may reinstate the content and the user's account.
Discretionary Powers: TextToSpeech reserves the right to make the final decision on what content and behavior aligns with or violates our Terms of Service.
All users are responsible for their own behavior on the platform. By using our Services, users agree to abide by these rules and accept the consequences of any violations.
By promoting responsible use and establishing clear consequences for harmful behavior, we aim to foster a respectful and safe community for all users. We will periodically update this. policy to address emerging forms of harmful content or any other concerns. All users are encouraged to stay informed about these guidelines and report any violations they encounter.
TextToSpeech reserves the right to suspend or terminate your access to the Services or delete your TextToSpeech Account under the following circumstances:
Appeal Process: If you believe your account on our Service has been suspended or terminated in error, you can appeal.
Voluntary Cessation: You’re always free to stop using our Services at any time.
This policy ensures that users adhere to our Terms of Service and maintain a respectful and safe environment for all users.
Withdrawal Rights for EEA-based Consumers: If you’re an EEA-based Consumer, you can withdraw from these terms within 14 days of accepting them.
1. Consumer vs. Business Customer: You may use the Site or Service as a Consumer or Business Customer. A "Consumer" is a natural person acting outside the scope of economic activity, while a "Business Customer" is a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or self-employed professional activity.
2. Terms Acceptance on Behalf of an Organization: To use our Services on behalf of an Organization, an authorized representative of that Organization must agree to these Terms of Service. The individual accepting these Terms of Service on behalf of the Organization represents and warrants that they have the authority to bind the Organization to these Terms of Service, and the Organization agrees to be bound by these Terms of Service.
Service-related Communications:These provisions ensure compliance with applicable regulations and clarify the roles and responsibilities of both Consumers and Business Customers when using our Services.
You may terminate your subscription at any time until the end of your current billing period for convenience.
These terms outline the payment process, termination options, utilization of monthly limits, and procedures for handling exceeding character limits for subscribers to the 'Creator' plan and above.
This policy outlines the conditions under which subscribers to the Enterprise plan can request a refund, including the eligibility criteria and the process for submitting refund requests.
This section outlines the limitations of liability for TextToSpeech and its directors, employees, or agents, in relation to your use of the Site and/or our Services, including the Voice Cloning Service. It states that TextToSpeech will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages, whether based in contract, tort (including negligence), strict liability, or otherwise.
Notwithstanding anything to the contrary contained herein, except as otherwise expressly set forth in these Terms of Service (including the section below titled “Arbitration Relief”), TextToSpeech' liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TextToSpeech during the six (6) month period prior to any cause of action arising.
Certain US state laws and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
In the European Union (EU), TextToSpeech' liability for damages caused by deliberate intention or gross negligence is unrestricted.
However, in cases of slight negligence, TextToSpeech is only liable if it has breached a fundamental duty that jeopardizes the purpose of the contract or if it has breached duties necessary for the proper implementation of the contract, and you generally rely on the fulfillment of these duties. In such cases, TextToSpeech is liable only for typical, foreseeable damages at the time the respective Service was performed.
TextToSpeech will not be liable for failure to perform duties due to events beyond its reasonable control, such as acts of God, acts of terrorism, civil unrest, war, fires, power cuts, or epidemics. Additionally, initial defects without fault are not covered under liability.
If TextToSpeech is not liable or its liability is restricted, this limitation also applies to the personal liability of its employees, legal representatives, and assistants in performance.
However, the restrictions of liability do not apply to cases of damages to life, body, or health, to cases of product warranty, and to cases of fraudulent concealment of defects.
TextToSpeech is liable for the loss of data only up to the amount that would have been incurred to restore the data if it had been properly and regularly backed up.
For users of free plans, TextToSpeech is not obligated to remedy defects in the Service. If harm is suffered from a defect, TextToSpeech is only liable if the defect was willfully concealed. Otherwise, liability is limited to intention and gross negligence.
We prioritize privacy and security when addressing data disclosure requests. For more details on how we handle such requests, please refer to our Privacy Policy.
By using our service, you consent to receiving text (SMS) messages from TextToSpeech or its representatives at the phone number you provide. These messages may include operational updates about your use of the service. Standard data and message rates may apply as per your carrier's terms.
If you wish to opt out of receiving all text messages from TextToSpeech, you can email [email protected] with the subject line "SMS OPT OUT". However, please note that opting out may impact your ability to use the service effectively. You may continue to receive text messages for a short period while we process your opt-out request, including a confirmation message upon receipt of your request.
Except as outlined in the sections below titled "Exceptions" and "Opt-Out," both you and TextToSpeech agree that any dispute arising concerning these Terms of Service, the Services, or communications from us will be settled through binding arbitration. Arbitration utilizes a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may involve more limited discovery than in court, and is subject to very limited review by courts. This agreement to resolve disputes through arbitration encompasses all claims, whether grounded in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and irrespective of whether a claim arises during or after the termination of these Terms of Service. Any dispute regarding the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU ACKNOWLEDGE AND AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE, BOTH YOU AND TextToSpeech ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
While we are committing to arbitrate most disputes between us, these Terms of Service do not waive, preclude, or otherwise restrict the right of either party to: (a) initiate an individual action in small claims court; (b) pursue an enforcement action through the relevant federal, state, or local agency if such action is available; (c) request injunctive relief in a court of law to support arbitration; or (d) file a lawsuit in a court of law to address a claim of intellectual property infringement.
If you prefer not to resolve disputes through binding arbitration, you have the option to opt out of the provisions outlined in the "Dispute Resolution and Arbitration" section (the "Arbitration Clause") within 30 days after agreeing to these Terms of Service. To opt out, please send a letter to Eleven Labs Inc., Attention: Legal Department – Arbitration Opt-Out, 169 Madison Ave #2484, New York, NY 10016. The letter should include your full legal name, the email address associated with your account on the Service, and a statement expressing your desire to opt out of arbitration ("Opt-Out Notice"). Upon receipt of your Opt-Out Notice, TextToSpeech will nullify the Arbitration Clause, and any disputes arising from these Terms of Service will be resolved according to the procedures outlined in the section titled "Governing Law" below. Your decision to opt out will not affect the validity of the remaining provisions of these Terms of Service.
This arbitration agreement and any arbitration proceedings between us are governed by the Federal Arbitration Act and will be overseen by JAMS (Judicial Arbitration and Mediation Services) under the rules that apply to consumer disputes ("JAMS Rules"), as adjusted by the terms set forth in these Terms of Service. The JAMS Rules and the necessary filing forms can be accessed online at www.jamsadr.com, or you can contact JAMS directly by calling +1-800-352-5267. Alternatively, you may reach out to TextToSpeech for assistance in obtaining this information.
Prior to initiating arbitration, one party must send a written notice of the dispute to the other party via certified U.S. Mail, Federal Express (with signature required), or, if the other party has not provided a current physical address, by electronic mail ("Notice of Arbitration"). The address for providing Notice to TextToSpeech is: Eleven Labs Inc., 169 Madison Ave #2484, New York, NY 10016. The Notice of Arbitration should: (a) specify the name or account number of the party initiating the claim; (b) outline the nature and grounds of the claim or dispute; and (c) detail the specific relief sought ("Demand"). Both parties will endeavor in good faith to resolve the claim directly. However, if no agreement is reached within 30 days following receipt of the Notice of Arbitration, either you or TextToSpeech may proceed with initiating an arbitration proceeding.
If you commence arbitration in accordance with these Terms of Service, TextToSpeech will reimburse you for the filing fee, unless your claim exceeds US$10,000 or TextToSpeech has received 25 or more similar arbitration demands, in which case the payment of fees will be determined by the JAMS Rules. In the event the arbitrator determines that either the substance of the claim or the relief requested in the Demand is frivolous or brought for an improper purpose (as defined by the standards outlined in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules, and the opposing party may seek reimbursement for any fees paid to JAMS.
Any arbitration hearing will be held in the county and state where you reside, unless otherwise agreed upon by both parties. Alternatively, if the claim does not exceed US$10,000 (and does not seek injunctive relief), you may opt for the arbitration to be conducted in one of the following ways: (a) based solely on documents submitted to the arbitrator; (b) via telephonic or video hearing; or (c) through an in-person hearing as determined by the JAMS Rules in the county (or parish) where you reside.
Throughout the arbitration process, any settlement offers made by either party must not be disclosed to the arbitrator until after a final decision and award, if any, has been made. Regardless of the method of arbitration chosen, the arbitrator is required to issue a reasoned written decision, detailing the essential findings and conclusions upon which the decision and award, if any, are based.
Subject to the section titled "No Class Actions," the arbitrator has the authority to grant any relief that would be available if the claims were brought in a court of competent jurisdiction. If the arbitrator awards you an amount greater than the last written settlement offer made by TextToSpeech before the arbitrator was selected, TextToSpeech will pay you the higher of: (a) the amount awarded by the arbitrator, and (b) US$10,000. The arbitrator's decision is final and binding on all parties, except (1) for judicial review permitted by law, or (2) if the arbitrator's award includes injunctive relief against a party. In such cases, the affected party may seek judicial review of the injunctive relief in a court of competent jurisdiction, which is not bound by the arbitrator's legal conclusions. Judgment on the award may be entered in any court with jurisdiction.
You and TextToSpeech mutually agree that each may only bring claims against the other in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Additionally, unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
If TextToSpeech implements any substantive change to this arbitration provision, you have the option to reject the change by sending written notice to TextToSpeech within 30 days of the change being implemented. If you reject the change, your account with TextToSpeech will be terminated immediately, and the arbitration provision, as it existed prior to the rejected changes, will remain in effect.
If the section above titled “No Class Actions” or the entirety of this Arbitration Clause is deemed unenforceable, or if TextToSpeech receives an Opt-Out Notice from you, then the entire Arbitration Clause will be rendered null and void. In such a case, the exclusive jurisdiction and venue described in the section below titled “Governing Law” will govern any action arising out of or related to these Terms of Service.
These Terms of Service are governed by the laws of the State of New York, without regard to conflict of law principles. Both you and TextToSpeech agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Manhattan, New York for the resolution of any lawsuit or court proceeding permitted under these Terms of Service.
If you are a resident of, or an Organization based in, the European Economic Area (EEA) or Switzerland, these terms and your relationship with TextToSpeech under these terms and Service-specific additional terms are governed by the laws of your country of residence. You have the right to file legal disputes in your local courts. If you are an EEA-based Consumer, please contact us directly to resolve any issues.
The European Commission offers a platform for online dispute resolution, accessible at http://ec.europa.eu/Consumers/odr/. While we are not obligated to participate in alternative dispute resolutions before a Consumer dispute settlement commission, we may choose to do so voluntarily.
If you are a resident of, or an Organization based in, the United Kingdom, these terms and your relationship with TextToSpeech under these terms and Service-specific additional terms are governed by English law. You have the right to file legal disputes in the English courts.
The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us at:
TextToSpeech.ai
Email: [email protected]
of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the attached model withdrawal form [add link to form below], but it is not obligatory.
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.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 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, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of Services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Your right to withdraw from this Agreement expires prematurely if the Services were initiated by us to you only after you as a Consumer have expressly agreed that we shall commence with the execution of the contract before the expiry of the withdrawal period, and at the same time have confirmed your knowledge of the fact that you lose your right to withdraw from the contract with the beginning of the execution of the contract.
We reserve the right to modify these Terms of Service at our discretion. It is advisable to review these Terms periodically for any updates. Revisions will take effect immediately, unless otherwise stated. For existing users, significant revisions will become effective 30 days after they are posted or you are notified of the changes, unless otherwise specified. Continued use of the Services after such revisions constitutes acceptance of the modified Terms of Service. If you do not agree with the modifications, you should cease using the Services. Any amendments to these Terms of Service require written agreement signed by authorized representatives of both parties, except as expressly permitted in this section.
These Terms of Service, along with the Privacy Policy and any Service-specific addenda you agree to, constitute the complete and exclusive agreement between you and TextToSpeech regarding the use of the Services. However, if you have a separate agreement with TextToSpeech specifically outlining the provision of Services, that agreement will take precedence over these Terms of Service.
In case of any conflict between the terms of a Service-specific addendum and these Terms of Service, the terms of the addendum will prevail concerning your access and use of that particular Service. You are not permitted to assign or transfer these Terms of Service, or any rights under them, without our prior written consent. However, we reserve the right to assign these Terms of Service and all rights without notice or consent.
The failure to enforce any provision will not waive our right to enforce it later, nor will it waive any subsequent breach or default. The term "including" used throughout these Terms of Service implies "including but not limited to." If any part of these Terms of Service is deemed invalid or unenforceable, the unenforceable part will be enforced to the fullest extent possible, while the remaining parts will remain valid and enforceable.
To address any complaints regarding the Site or to obtain additional information about the use of our Services, please feel free to reach out to us via email at: [email protected]