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VOICEMOD GENERAL TERMS OF USE

Last update: 23/11/2023

These terms of use (“Terms” or “TOU”), together with any product-specific terms and the Other Terms listed below, constitute the agreement between you and Voicemod Inc., Sucursal en España (“Voicemod”, “us” or “we”) regarding your use of the Voicemod Products. In these Terms, Voicemod Tools, Voicemod Content and Voicemod Hosting Services, as defined below, will be jointly referred to as Voicemod Products.

Please read the Terms of Use and Other Terms carefully. By clicking to accept these Terms or by using any of the Voicemod Products you declare that:

1. You have read, understood and agreed to be bound by the Terms, which include the Privacy Policy and the other terms linked in the section “Other Terms”.

2. You are at least 16 years old. If you are 16 years old or older but are a minor, your parents or legal guardian have also read, understood and agreed to the Terms including the Other Terms. 

3. You will use Voicemod Products according to the Law, morality and the rules contained in these Terms and our Guidelines. You understand that you will be responsible for any violation of applicable laws and third party harm caused by you in the use of Voicemod Products, which includes being responsible for all the content created and/or uploaded using Voicemod Products.  

If you do not agree to these Terms nor comply with the aforementioned requirements, please do not accept them and do not use Voicemod Products.

1. INTRODUCTION

Voicemod Tools are the software and any associated products, applications, services or functions through which we provide voice conversion and modulation or sound playback services, by means of software services (“Voicemod Tools”). These include our desktop apps for Windows and macOS, websites, mobile apps, functionalities available in them, etc. 

As well, we are a content provider, which amongst others includes playback effects, sounds, voice skins and voice presents and filters, etc. (“Voicemod Content”) that may be offered to you for free or for a price, which you either may find within Desktop app or at our Store. 

Finally, we are also an intermediary platform provider -user generated content platform- known as “Community Content Hub or the Hub”, for the users to share their voice and sound content (“Community Content or User Content”). The Community Content Hub comprises the site tuna.voicemod.net, the Community Sounds and the Community Voices hosting services, and any other Voicemod app or site that lets users access Community Content.  Hereinafter, the services that Voicemod offers in relation to the Community Content Hub will be referred to as “Voicemod Hosting Services”. 

In these Terms, Voidemod Tools, Voicemod Content and Voicemod Hosting Services will be jointly referred to as Voicemod Products. For more information on all Voicemod Products, click here.

2. OTHER TERMS

By accepting these Terms you are also accepting the following Other terms, included here by reference.  

1. Community Guidelines. See the Guidelines.

 

2. Privacy Policy. See the Policy

 

3. Copyright Policy. See the Policy, particularly for reporting potential IP infringements.

 

4. Cookies Policy. See the Policy.

 

5. Store terms. See the terms.

3. ACCOUNT AND PLANS

Your account is personal to you and you are not permitted to transfer, lend or share it with any other user or person. Also, you agree to take all steps necessary to protect your account log-in details and keep them secret and to contact us upon occurrence of any issue: contact information update, loss of access, stolen credentials, etc. You are also responsible for ensuring that no person uses your device to access Voicemod Products without your permission. We will be entitled to assume that anyone who accesses Voicemod Products using your device has your permission to do so and you will be responsible for all charges, costs and liabilities that may be incurred through the use of your account.

Sign up and log-in to your account may be done with your email address or by means of some social logins. Any terms and conditions in relation to the email service or social login that you use are from theirs and they have nothing to do with our terms and conditions.

We reserve the right to refuse to accept any username and/or email address which we deem to be inappropriate (in our sole discretion) or which has already been registered for a different user. 

Whilst the use of some of our Products is free of charge, there are additional functions, contents and utilities that can be accessed under payment by acquiring a Voicemod PRO license or through in-app purchases through different distributors; you should read their terms and conditions.   

You are responsible for obtaining (at your own cost) all necessary devices and telecommunication services required to access and use Voicemod Products.

4. AGE AND MINORS

By accessing our services, you confirm that (i) you’re at least 16 years old and (ii) meet the minimum age required by the laws in your country to accept our Terms. If you are 16 years old or older but not of legal age, please ask your parents or legal guardian to read the Terms with you as they also accept these Terms. They are responsible for your use of Voicemod Products.If you consider that any clause, term or obligation is not sufficiently clear to you, contact us or/and your legal guardian in order to get clarification so you can agree on these Terms with full understanding. 

5. VOICEMOD AS SOFTWARE PROVIDER (VOICEMOD TOOLS)

a. License

Upon acceptance of these Terms and using Voicemod Tools you are granted with a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty free, limited and revocable license for the territory of the world to use Voicemod Products either locally or online. Although we are granting you this license, we retain all our intellectual property rights.

Some of our Products contain open source software subject to separate terms which you should review, understand and accept in order to use our Products. Use of our Products imply acceptance of such third-party terms. Review our open source providers, here.

 

b. Special reference to self-service Voicemod creation tools

Voicemod has developed different self service tools by which you can create and modify your own sounds or voices, such as our Voicelab, Text To Speech Tool (TTS), Text to Song Tool or the AI Voice Creator. 

Some of these tools use generative artificial intelligence technology, which is used by us to create some of our Voicemod Content (voices) leveraging AI models (ML) and DSP, and is also offered as a self service tool for you to create or train your voices (Voice AI Creator). 

Same as with all Voicemod Tools, you are responsible for the use you make of them and the content you produce with them. In particular, you can only use the self-service creation tools when you have the rights to the inputs you are using, such as having rights to upload the voice recordings to train the voice with Voice AI Creator. This means you can use your own voice or the voice of another person, provided that you have their consent or permission to use their voice and to use their name for the voice you will create. You also need to use the created voices responsibly. You need to respect the law and our Terms, including the Guidelines and Acceptable Use Policy.

 

c. Special reference to the Meme Generator

Voicemod has developed a Meme Generator using the API of Tenor, incorporating the sounds from the Community Content into this tool for you to enhance the memes you create. It’s important to note that both Tenor’s and Voicemod’s Terms are applicable when utilizing this tool. You can review Tenor’s terms here. As for Voicemod’s Terms, which you are currently reading, please be aware that you are solely responsible for your use of this tool and the content you generate. It is crucial to adhere not only to our Terms but also to the Community Guidelines and any applicable laws. If you encounter any copyright violations related to the use of Community Content in this tool, you can refer to our Copyright Policy. For other issues, please report them directly to Tenor.

Some of these tools use generative artificial intelligence technology, which is used by us to create some of our Voicemod Content (voices) leveraging AI models (ML) and DSP, and is also offered as a self service tool for you to create or train your voices (Voice AI Creator). 

Same as with all Voicemod Tools, you are responsible for the use you make of them and the content you produce with them. In particular, you can only use the self-service creation tools when you have the rights to the inputs you are using, such as having rights to upload the voice recordings to train the voice with Voice AI Creator. This means you can use your own voice or the voice of another person, provided that you have their consent or permission to use their voice and to use their name for the voice you will create. You also need to use the created voices responsibly. You need to respect the law and our Terms, including the Guidelines and Acceptable Use Policy. 

 

6. VOICEMOD AS CONTENT HUB PROVIDER (VOICEMOD HOSTING SERVICES)

a. License

Upon acceptance of these Terms and access to the Community Content Hub, you are granted with a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty free, limited and revocable license for the territory of the world to use online the Voicemod Hosting Services.

You can only access and use the Community Content Hub and the Community Content for your own personal, non-commercial use. 

i. Your content

Any content uploaded by you to the Community Content Hub is and shall be yours, we do not retain any title or interest in such content (User Content), you keep all your intellectual property rights. 

To provide our Services (such as storing your content in our cloud and sharing the content in the Community Content Hub, as well as maintaining, operating, exploiting or advertising the Hub and any other products or services offered by us, our licensors, partners or related companies), you grant us a non-exclusive, non-transferable, sublicensable, fully paid-up, royalty free, perpetual, unlimited and non-revocable license for the territory of the world. This may include, for example, the following:

1. Use, copy, store, distribute, and communicate your content so we can store and display your content, for instance.

 

2. Publish, publicly perform, or publicly display your content if you set this up to be public.

 

3. Monitor, modify, translate, and reformat your content, for example, to adapt it to our Services.

 

4. Perform, prepare derivative works of, incorporate into other works or otherwise exploit your content, so that we can add it into marketing for example. 

 

5. Sublicense your content, so we can store it, share with other users if you elect to do so, and third parties or APIs, not only cloud based providers (e.g. Voicemod Discord Bot).

 

6. Developing and making available new technologies or services for Voicemod consistent with these terms

 

7. Operating and improving Voicemod Products, so that they can work as designed and can maintain the ever-improving nature of our technology, for example, to prevent or address malware or illegal content,  or to develop them to offer you better quality sounds or voices, better adapted to different quality of devices used by you, etc. 

Voicemod welcomes your comments, feedback and suggestions. In this regard, you authorise Voicemod to publish, disseminate, reproduce, distribute, transmit, include in any kind of presentations, brochures, web pages, etc., the testimonials made by you in any social network or by other means, either spontaneously or upon request by Voicemod. Thus, you expressly authorise Voicemod, on a non-exclusive basis, free of charge, worldwide and without time limitation, to use your comments, feedback and/or testimonials for any purpose (including commercial), including any photograph, image, text and/or video forming part thereof, including in your profile, as well as the intellectual property rights, industrial and/or image rights related to you and your comments, feedback and/or testimonials.

ii. Other users’ content.

Like you, other users have granted us the same license so their User Content can be shown and shared with you, which can only be used by you for personal and non-commercial use (except for monetization generated by content creators through social networks and social media). You are not allowed to copy, distribute, transfer (except as permitted within this Terms and the Content Hub) nor communicate to the public any Community Content in whole or in part.

You also acknowledge and agree that User Content, once uploaded to the Community Content Hub, may be downloaded by other users to create more content and that, accordingly, even if you subsequently delete any content, it may continue to be used by those users who downloaded it during the time that it was available.

b. User obligations

 

i. You are solely responsible for User Content, regardless if you upload it from your own files or if you created it with Voicemod self-service tools. You assume all risks associated with it, including its lawfulness, usefulness by others, any reliance on its accuracy, completeness, lawfulness or any disclosure of your User Content that personally identifies you or any third party.  You shall not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you acknowledge that you may yourself be liable if your User Content violates the Terms or any applicable laws or regulations.

 

ii. You agree to adhere to the IP Guidelines and our Community Guidelines at all times.

 

iii. You agree to adhere to the Acceptable Use Policy.

 

c. Voicemod obligations

We are only responsible for the content created by Voicemod, referred to in the section below. We are not responsible for User Content, neither created by you, nor by other users. If you find content that you think violates any law or any of our policies or guidelines, you can report it, and we may remove it or take any relevant action that we may deem appropriate (although we don’t have any obligation to do so). 

We are not obligated to backup any User Content, and your User Content may be lost or deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

The views expressed by other users on the Community Content do not represent our views or values. We will not be responsible, or liable to you or any third party, for any content posted by you or any other user.

Where any User Content or Community Content is subject to a claim by a third party or request from a Court or Authority, Voicemod might have the obligation to share information about your account.

7. VOICEMOD AS CONTENT PROVIDER 

Voicemod creates content (sounds, effects, voices) and also offers you licensed content from third party brands or partners, both will be referred to as “Voicemod Content”. Voicemod Content can be offered for free, or available through PRO or by paying a price (see the Store terms). 

a. License

Use of Voicemod Content. Upon your purchase of or access to Voicemod Content (free or PRO license) and payment of any applicable fees (including applicable taxes), Voicemod grants you a non-exclusive right to view, use and display such Content (for content available under subscription only for as long as your subscription remains active), solely through Voicemod Tools and Products, and solely for your personal, non-commercial use (except for the monetization generated by content creators through social networks and social media in accordance with these Terms). 

The catalogue of Voicemod Content is constantly changing, new content can be added and existing content can be removed, at any time. Removal of content from Voicemod’s catalogue may also make the content unavailable for any users that have previously obtained this content. You acknowledge and accept that and you will refrain from claiming any right or compensation over deleted content. 

Voicemod Content is licensed, not sold, to you by Voicemod. You may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to Voicemod Content or any portion of it to any third party. You may not remove any proprietary indicators, notices or labels on Voicemod Content.   

b. Specific to PRO licenses 

PRO licenses can be acquired through a periodic subscription and lifetime subscription (OTL, you pay once and lasts forever). Such paid content can be acquired through different distributors and payment platforms so you must read their own terms and conditions. Renewable subscriptions can be canceled at any time before the next renewal period begins by contacting User Support. The life-time license will remain active until you request the closure of your account. Once you have been unsubscribed, it cannot be reactivated and no refunds will be given. If you wish to obtain a new License PRO, you would need a new one.

When you purchase a PRO license, you will have a thirty (30) calendar day refund period if you are not satisfied with your purchase. The refund will be managed by the VM support team upon request through our Support Form. When you purchase our products and services from distributors and other third parties you should check their refund policies and instructions (although the 30 day timeline still applies). PRO content can be accessed through multiple devices in which you sign in, but can only be used in one device at a time.

8. OTHER PROVISIONS ABOUT LICENSES 

Breach of the aforementioned rules, unauthorized, harmful or illegal use, or excessive use of the Voicemod Products according to the Licenses or the Terms may result in suspension, ban, deletion of the account and even enforcement of legal actions available to Voicemod.

Voicemod may establish measures to control access to and use of the Voicemod Products, prevent unauthorized copying or attempt to prevent or identify anyone from exceeding the rights and authorizations granted under these Terms. You commit to respect these measures and will not remove them nor attempt to bypass, modify, defeat or otherwise circumvent any digital rights management system or other content protection features. 

You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our Voicemod Products. You also may not reverse engineer or decompile our software or services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.

We may at any time sub-licence, assign, novate, charge or deal in any other manner with any or all of our rights and obligations under these Terms.

9.  INTELLECTUAL PROPERTY

Our applications and services, technical documentation, user’s manuals, texts, images, brands and other distinctive signs, graphics, logos and buttons, as well as their graphic representation, structure, selection, order and presentation of their contents, audio, files, databases and their own contents are protected by the laws and international treaties on intellectual and industrial property. The name, logos, commercial name and brand “Voicemod” are distinctive symbols owned by Voicemod. All rights to them are reserved to their respective owners, except for the rights of use granted to you under these Terms. Under no circumstances the access to our applications and services imply any kind of waiver, transfer, license or total or partial assignment of such rights or expectation of rights, unless expressly stated otherwise.

10. ACCEPTABLE USE POLICY

a. You agree not to use the Voicemod Products to create, collect, upload, transmit, display, or distribute any User Content: 

(i) that infringes any third-party right, including any copyright, trademark, design right, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right in any territory where the Tools or Community Content Hub are available; 

(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise in our opinion objectionable; 

(iii) that is harmful to minors in any way; 

(iv) that includes any personal data, if sharing it or uploading it to the Community Content Hub would be a breach of the applicable data protection rules, or infringes any third party’s rights of privacy or publicity or breach any other applicable data protection or privacy legislation in any territory where the Hub is available; or 

(v) that is in violation of any law, regulation, obligations or restrictions imposed by any third party.

b. In addition, you agree not to do any of the below with or within Voicemod Products: 

(i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; 

(ii) send or upload unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; 

(iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; 

(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to Voicemod Products, or violate the regulations, policies or procedures of such networks; 

(v) attempt to gain unauthorized access to Voicemod Products (or to other computer systems or networks connected to or used together with it), whether through password mining or any other means; 

(vi) harass or interfere with any other user’s use and enjoyment of it; or 

(vi) use software or automated agents or scripts to produce multiple accounts, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) Voicemod Products, nor to train any artificial intelligence nor any other purposes (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).

c. We reserve the right (but have no obligation) to review any Community Content. We have the right to investigate and/or take appropriate action against you in our sole discretion if you violate this Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, suspending or terminating your account, and/or reporting you to law enforcement authorities.

11. NOTICE AND TAKE DOWN PROCEDURE

We do not have any obligation but reserve the right to apply automated mechanisms to monitor User Content that users upload onto the Community Content Hub for the purpose of detecting illegal content or contrary to the Terms. We do not accept any responsibility or liability for any such User Content on the Community Content Hub.

If you become aware of any infringement of your own or any third party’s copyright, please notify us at the contact address provided in our Copyright Policy. 

If you become aware of User Content which is in breach of the IP Guidelines in any other way, does not comply with these Terms nor with our Community Guidelines, or is otherwise unlawful you may notify us, following the procedure set out in our Copyright Policy.

We have the right to remove User Content at any time and without prior notice at our sole discretion for the purpose of complying with applicable laws or the Terms. For the avoidance of doubt, any decision we make in connection with the removal or disablement of any content from the Community Content Hub is final and we shall have no liability to you in respect of any such decision.

12. USERS’ RIGHTS AND DUTIES

When using Voicemod Products you must comply with these Terms, the Other Terms, which are included here by reference, and any other specific Voicemod terms that may apply. 

In addition, you shall:

a. allow and assist Voicemod in monitoring such usage (described above), and other diagnostic information, in anonymised form;

b. notify us as soon as you become aware of any unauthorised use of Voicemod Products by any person in our Support Form; and

c. pay, for broadening the scope of the licenses and/or rights granted under this TOU to cover any unauthorised use, an amount equal to the fees which we would have levied (in accordance with its normal commercial terms then current) had it licensed or otherwise permitted any such unauthorised use on the date when such use commenced.

d. permit us to inspect and have access to any records kept in connection with this TOU, for the purposes of ensuring that you are complying with the terms of this TOU, provided that we give you reasonable advance notice of such inspections, which shall take place at reasonable times.

You are authorised to use Voicemod Products for our personal use, fun and entertainment, in accordance with the Terms and the law, but not to develop or create a similar or competitive product or service.

13. MAINTENANCE RELEASES AND TECHNICAL SUPPORT

1. We will use reasonable endeavors to provide you with any maintenance releases generally made available to our customers. We will offer you the possibility to have the Voicemod software automatically updated. If you do not opt in for automatic updates, we will inform you about the new updates, as well as the instructions to install them and the consequences of not installing them. You agree to install all maintenance releases as soon as reasonably practicable once received. Lack of updates may pose security risks, lack of connectivity or compatibility or usability. 

2. We do not guarantee that all Voicemod Products will always be available or that it will be updated. You understand that we may suspend, restrict access to or discontinue Voicemod Products or make changes to Voicemod Products at any time for any reason or no reason without notice or liability to you.

3. We may also provide technical support for the use of Voicemod Products and/or Voicemod Content, with limitations, especially in the cases of discontinued Products and old versions of our Products, Services and/or Technology.

4. You agree to notify Voicemod as soon as possible of any incident that may result in a security or information risk.

14. SUSPENSION AND TERMINATION

1. Without affecting our other rights or remedies, we reserve the right to suspend your access to or use of Voicemod Products without notice in the event that you breach, or we reasonably determine that you have breached, applicable law, the present TOU, any additional product-specific terms, and the Other Terms. To the extent remediable, we shall promptly withdraw such suspension when you have remedied the applicable breach. We can also terminate your account based on the mentioned reasons with prior notice to you.

2. The above right includes the possibility to suspend or withdraw the Voicemod Pro license purchased by you.

3. Termination of this TOU shall not affect the works you may have created through or by using Voicemod Products. The rights of such works are inherent and proprietary to you, and Voicemod holds no right upon these. But it could happen that you lose access to the content you have shared, purchased or accessed and we won’t be liable for it.

4. Termination of this TOU shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the TOU.

15. LIABILITY

1. Exclusion

VOICEMOD TOOLS, SERVICES, CONTENT AND/OR ALL INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER TECHNOLOGIES OR SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH VOICEMOD PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING, FOR LEISURE AND ENTERTAINMENT PURPOSES, WITHOUT ANY KIND OF GUARANTEE REGARDING THE SUITABILITY FOR A PARTICULAR PURPOSE. 

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN RELATION TO THE USE OF OUR TOOLS, SERVICES, CONTENT NOR FROM ANY INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER TECHNOLOGIES OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF OUR SERVICES OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PRODUCTS (TOOLS, SERVICES, CONTENT AND/OR ANY INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER TECHNOLOGIES OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF OUR SERVICES OR PRODUCTS IS AT YOUR SOLE RISK. 

a. In particular, we will not and shall not be held responsible for the reasons included below (which are not an exclusive list and are provided as example):

i. Improper use of your account, our Voicemod Products regardless of its nature or origin, either against these terms or any of the Other terms, or the Community Guidelines. 

ii. Your violation of third party intellectual property rights when uploading content, or creating by any means made available to you by us or when using Content provided to you through our Products in such a way that you may be violating third party intellectual property rights.

iii. False or erroneous information provided by you.

iv. Interruptions of the availability of or failure of our Products, including but not limited to cases where they derive from events beyond our control and will.

v. Damages of any kind and nature that may be due to the presence of viruses or other elements that may cause alterations in the computer system (software and hardware), equipment, devices, content and files of the user or any third party.

vi. Deletion of User Content for any reason at any time, and even without prior notice.

vii. Your failure to update in a timely and fashion manner our Products using our software updates and instructions to install them. To this regard we warn you that support for old versions of our products and services may be terminated at any time without notice.

b. Other than as expressly set out in these Terms, neither we nor any of our third party partners and/or licensors shall be liable (whether based in contract, tort or otherwise) for any claim, loss, liability, damage, cost or expense caused by your use of Voicemod Product, especially the Community Content Hub and Community Content) that does not arise as a result of a breach by us of these Terms and is not reasonably foreseeable at the time you entered into these Terms. In no event shall we or any of our third party partners and/or licensors be liable to you for any damages, direct or indirect loss of income or profits that may arise as a result of your use of Voicemod Products, especially the Community Content Hub and Community Content.

c. To the extent that you may have any actionable claim under these Terms, you agree that it shall be brought only against us and in accordance with these Terms, not any of our licensors, employees, directors, officers, related companies.

d. All characters, names, appearances, sounds and voices of Voicemod Content are either (i) licensed content or an allowed legal use, or (ii) entirely fictitious, thus no resemblance to any real persons shall be construed therefrom; therefore Voicemod does not take responsibilities for any similarity to real people, fictional characters, registered trademarks, or otherwise protected elements.

e. The use of electronic data systems, electronic mail and the sending of messages through technological platforms and softwares via mobile networks and the Internet do not offer absolute guarantees of security, so our softwares and services should not be used to manage confidential, secret, critical or reserved information, insofar as they are not designed for this purpose or for use in hospital, military, critical infrastructure, essential services or other environments.  

2. Limitation

Voicemod’s maximum liability for damages attributable to it is limited, in any event, to the smallest of the following amounts: (i) the price paid for the relevant Voicemod Product (in the case of periodical subscription payments, the price paid in the preceding 6 months), or (ii) twenty five (25) Euro. 

Nothing in these terms shall exclude or limit our liability which is not permitted to be excluded or limited by law.

3. User responsibility for use and Content

You, the user, are the only owner or licensee or authorized holder of your information and contents incorporated, managed or sent through our Voicemod Products, as well as of their veracity, actuality, legality and legitimacy, for which reason you will be the only responsible before any third party for the damages or prejudices derived, directly or indirectly, from the use you make of Voicemod Products, as well as of these contents. 

Consequently, in accordance with these Terms, Voicemod shall not be held liable for any damages of any kind and nature that may result from your use of our Voicemod Products, and you are therefore obliged to do whatever is necessary to keep Voicemod safe from any claims and liabilities of any kind and nature that may be required from us as a result of the above, including those related to public authorities, which you shall assume exclusively. In the event that Voicemod is involved in any claim by a third party caused by your use of Voicemod Products, you shall assume all costs generated by Voicemod’s legal defense against such claim, whether administrative, arbitral or judicial, including attorney’s and lawyer’s fees, compensation for witnesses or expert witnesses’ expenses, as well as the payment of any sanction or compensation that may be imposed and the compensation of any other damage that may be suffered by the user as a result of the claims made.

You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to your breach of these Terms; any User Content which you publish or contribute to; any behavior in which you engage on the Community Content Hub; and any violation by you of any law or the rights of any third party.

16. MISCELLANEOUS 

Change of price.  The public prices of the licenses may be modified at any time, especially to incorporate improvements in the services or to update them to the conditions that may be established by the providers, platforms, marketers and partners involved in the services. Any modification will be published in the software itself (such as in our apps) or on our website or where relevant. 

There is currently no charge to access Voicemod Products (other than the Content and Tools  available under subscription or for a price). We may stop offering Voicemod Products free of charge at any time.

Updates.  We may revise these Terms at any time, for example to reflect changes in Voicemod Products (including how they work or their pricing), introduction of new features and removal of old ones, to adapt to new legal requirements, for security reasons, to prevent abuse or harm, to clarify the drafting and correct any typographical or clerical errors, inaccuracies or omissions, among others. Any changes made to these Terms will be applicable from the date they are published. We will endeavor to notify you of any changes that are going to be made to these Terms reasonably in advance of the date on which such changes take effect and invite you to accept the new Terms. Please note that if you do not accept any new Terms we publish then you may no longer be able to access nor should use Voicemod Products. Latest version of the Terms can always be found at Terms & Policies Hub (voicemod.net).

Corrections. There may be information on our Voicemod Products, such as the description or prices indicated in our apps or websites, for example, that contains typographical or clerical errors, inaccuracies or omissions, including pricing, availability, and other information. We reserve the right to correct any information on our Voicemod Products sites without prior notice and cancel any purchases made based on them. 

Availability. Not all Voicemod Products are available in all regions or languages, nor available to use from all sorts of devices or software. 

Third parties. A person who is not a party to this ToU shall not have any rights to enforce any term of this ToU, the Terms are only for the benefit of you as a user. You shall not sub-license, assign or novate the benefit or burden of the Terms in whole or in part. 

Severance. If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest. 

Applicable legislation and jurisdiction. These terms are governed by and construed in accordance with Spanish law. We both agree to submit to the jurisdiction of the courts of Valencia, Spain. If you are a customer and have your residence in the EU or the UK, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence, which means that you may bring a claim to enforce your consumer protection rights in connection to these Terms of Use in Spain or in the EU country in which you live. Likewise, if you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr/. In any case, if you would like to bring a matter to our attention or have any complaints in relation to these Terms of Use or generally Voicemod Products, you can contact us at the e-mail or physical address indicated below, and we commit to do our best efforts to seek an amicable solution to the dispute.   

Reservation of rights. No failure or delay or partial exercise by Voicemod to exercise any right or remedy provided under this Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. 

These products and services are provided by Voicemod, Inc., Sucursal en España, with its registered office at Obispo Don Jerónimo 10, St. 46003, Valencia (Spain), being duly registered at Registro Mercantil de Valencia, Tomo 114629835, Libro 87407117, Folio 15674, Hoja V-214069160921, Registration no. 1. If you have any technical support or questions you can contact us at: support@voicemod.net.

 

IMPORTANT: In the event of differences or contradictions between the versions of this policy published and/or translated into other languages, the English version will prevail.



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