Last Updated: 2024-08-07
Welcome to WellSaid Labs Inc. (“WellSaid”, “WellSaid Labs”, “We”, “Us” or “Our”) and our Terms of Service (“Terms”). Any references to “you” or “your” in these Terms of Service means the person or entities using the Services, including any person in your employ or under your control assisting you or acting on your behalf in your use of the Services. This means, among other things, that any of your employees, contractors, agents, or workforce members, who use the Services are bound by the Terms of Service and bind you as well. We have created a proprietary method that allows you to create lifelike synthetic voices. Our solution is designed to provide you ownership of the audio files generated by our Services. At all times, you own and are responsible for the content you use to create the audio files.
Please carefully and fully read these Terms because they govern your use of our services and products, which are made available through our website www.wellsaidlabs.com (the “Site”), and constitute a legally binding agreement between you and WellSaid. To make these Terms easier to read, the Site, and our products and services, are collectively referred to in these Terms as “Services.” You must fully accept these Terms in order to have the right to access the Services.
By accessing, setting up an account, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, it’s simple: you may not use the Services.
We reserve the right to modify the Terms and our Service offering at any time, in our sole discretion. While we are not required to provide notice, we will post a notice to changes on our Site. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site is deemed acceptance of the updated Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.
WellSaid’s text-to-speech services utilize generative model architecture and state-of-the-art neural text-to-speech (TTS) technology to generate high quality synthetic voiceover. The primary principle of the technology is to convert text into speech using machine learning models that generate accurate predictions for human voice output from the text it processes. These novel approaches to synthetic speech generation enable content creators to instantly generate audio output using WellSaid’s Voices that capture the intricacies of human speech such as advanced speech patterns, intonation, and tone.
In order to access and use the Services, you will need to create an account (your “Account”). By creating an Account, you become a “User” and represent that you are eighteen (18) years or older and are not barred from using the Services under applicable law.
Your Account must be yours – you may not use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to rights of another person without appropriate authorization. We have a strict “No Robots” policy. You must be a human to use the Services and an automated account is not allowed. This policy also applies beyond Account creation to the general use of the Services. “Robot” (or automatic) activity is not allowed. Breach of this requirement may result in termination of your account.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or to reclaim any username that you create through the Services that violates Our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify Us immediately if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. WellSaid will not be liable for any loss you may incur as a result of unauthorized or improper use of your Account as a result of your failure to maintain the confidentiality and security of your username or password. You can be held liable for losses incurred by WellSaid as a result of unauthorized access to the Services, and you agree to reimburse WellSaid, upon request, for any expenses it incurs in investigating, mitigating, remedying, and reporting any data breaches, loss of data, or financial losses it incurs.
We encourage you to regularly change your password to help ensure your account’s security.
Since we empower our customers to manage and configure their own content and data for use, we cannot be held responsible for the security of the content or data you provide. However, to prevent unauthorized access, safeguard data accuracy, and maintain the appropriate use of our Services, we have put in place appropriate physical, technical, and administrative procedures to protect the data you submit. Understanding that the Internet is not 100% secure and new technology evolves and emerges, we cannot guarantee that our security measures will prevent third-party interference from illegally obtaining or tampering with your content or data. We hereby disclaim any liability for any breach of data, infringement of proprietary information, customer information, content, or other data. Ensuring the security of that content and data is your responsibility. You acknowledge and agree that all data made available to you through any portal, account, or login in connection with or through the Services shall be your responsibility to maintain securely. If you suspect a data breach or suspicious activity, please report it to us immediately.
It is your responsibility to provide and safeguard the devices and equipment you use to access the Services (such as laptops, tablets, and mobile devices) and to use appropriate security settings on those devices. If those devices are lost, stolen, or misplaced, others may be able to access your account and your information available through the Services using those devices, and you will be liable for the consequences of any unauthorized access to the Services. To the extent any software or applications are necessary for your equipment and devices to access or utilize the Services, you are solely responsible for obtaining and appropriately using such software or applications.
WellSaid offers its Services under several different plans to suit your needs. In order to subscribe for an Account, you will need a valid credit card. For more information about how we handle credit card and other personally identifying and sensitive personal information you may provide us, please read our Privacy Policy at https://wellsaidlabs.com/legal?document=privacy_policy.
Accounts will be billed monthly starting on the day you sign up and then monthly thereafter. If you upgrade your Account plan, you will be billed immediately upon upgrading and then on that same date each subsequent month. Each bill paid ensures your access to portions of the Services that require payment for the next month. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. We treat everyone equally, so no exceptions will be made.
Downgrading your Account may cause the loss of content or features available to you at your current plan. WellSaid is not, and will not be held to be, liable for such loss. If you exceed your Account plan’s limits (e.g. you have created more audio files than allotted), your access may be restricted and you will need to upgrade to the next available plan.
If your billing method expires or changes, and you do not edit or update your billing information or cancel your account, we will send you a single courtesy notice regarding billing information discrepancies. If you fail to provide us with updated billing information more than three (3) days after notice is sent, WellSaid reserves the right to disable and terminate access to your account. You authorize us to continue billing during this notice period, and you will remain responsible for any uncollected amounts.
The U.S. time zone for WellSaid’s headquarters in Seattle, WA is PST/PDT. Customer support and business hours are all in PST/PDT. All billing and system logs are in EST (UTC-05). As of December 15, 2022, your account(s) will use UTC-05 for logs, reports, statistics, and billing. It’s not possible to change the time zone of a serving account. The time zone is set at the time of account creation.
We welcome feedback, comments, and suggestions for improvements to the Services. You can submit feedback by emailing us at support@wellsaidlabs.com. You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
Your privacy is important to us. We have adopted a Privacy Policy governing the Services and information practices and the choices you can make about the way your information is collected, stored, and used. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated into these Terms, and is available at https://wellsaidlabs.com/legal?document=privacy_policy.As disclosed in the Privacy Policy, you agree and consent that WellSaid may share some or all of any personal information and account status information with all parent, affiliate, and subsidiary entities of WellSaid, and its contracted service providers and vendors providing services to WellSaid necessary for the operation and provision of the Services , unless otherwise prohibited by law or contract from doing so. You understand and agree that we may monitor and/or record any communications between you and WellSaid, or our third party service providers, for quality control and other permitted business purposes. You also understand and agree that this monitoring or recording may be done without any further notice to you or anyone acting on your behalf.
Our services allow you to generate audio files with synthetic voices dictating the text you have supplied. The synthetic voices themselves are proprietary to WellSaid; however, the Audio Files (in MP3, WAV, and/or OGG format) are provided to you for your own personal or commercial use provided you are in compliance with these terms including payment obligations. For clarity, You retain ownership in the audio files with a non-exclusive limited license to the embedded synthetic voice technology.
Our Services allow you to create life-like synthetic speech that can be used in a variety of productive ways, and your use of our Services must not violate our Acceptable User Content Policy or our User Code of Conduct, as updated from time to time. We expressly reserve the right to terminate (or suspend) your account if you engage the services in violation of this policy. You can reach out for clarification of our User Consent and Conduct terms by emailing the Moderation Team at moderator@wellsaidlabs.com.
For purposes of these Terms, “User Content” means namely text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available or supplied by you to utilize with the Service. You are solely responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness.
You expressly represent and warrant to us:
We claim no intellectual property rights over your User Content that you provide to or on the Service. User Content remains yours. WellSaid does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. Notwithstanding the foregoing, in order to provide you the Services you agree to grant Us a limited non-exclusive, non-transferable, non-sublicensable, worldwide license to use, copy, modify, distribute, publish, and process, solely in connection with the Service and without any further consent, notice and/or compensation to any User or others, any User Content and other information and content provided by Users in connection with using the Services. In addition we may use anonymized User Content to improve our services, troubleshoot matters, and general data analytics. We will never use User Content for commercial or promotional purposes unrelated to the WellSaid Services.
You agree to comply with all applicable federal, state, local, and international laws and regulations when using the Services. You shall not use the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests. You may not, without our express written, prior permission, access, monitor, or copy any content or information provided in or through the Services using any data mining, robot, spider, scraper, or other automated means or any manual process for any purpose; take any action that imposes, or may impose, in our sole opinion, an unreasonable or disproportionately large load on our infrastructure; use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Services; decompile, reverse engineer, modify, or disassemble any of the software related to the services; deep-link to any portion of the Services for any purpose; or “frame,” “mirror,” or otherwise incorporate any part of the Services into any other website or application. You agree to cooperate with us to prevent any unauthorized hacking of the Services or unauthorized use thereof. You may not exploit software errors or vulnerabilities to manipulate the Services or WellSaids’ systems. You may not use the Services to publish, disseminate, or submit any defamatory, offensive, or illegal material. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Services.
The Acceptable User Content Policy and User Code of Conduct lists provide examples and are not intended to be complete or exhaustive. We don’t have an obligation to monitor your access to, or use of, the Services. We do, however, reserve the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
WellSaid reserves the right to seek all remedies available at law and in equity for violations of the Terms of Service. Wellsaid may, in its sole discretion, block access to the Services from a particular IP address. Wellsaid may also immediately terminate your use of the Services if it believes you are violating or have violated the Terms or Service or any other terms and conditions of your use of the Service incorporated in these Terms of Service. Wellsaid reserves the right to terminate the Services and these Terms of Service immediately for any or no reason without notice and without incurring any liability. Any termination of the Services does not limit or affect any other rights that Wellsaid may have.
Further, by breaching User Content and Conduct, you may commit a criminal offense under applicable law. We reserve the right to report any breach to the relevant law enforcement authorities and we may cooperate with those authorities.
Finally, You can remove your own User Content by specifically deleting it. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content, nor are we responsible for any resulting harm, including monetary loss or damage.
Subject to your compliance with these Terms, WellSaid grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view Our content (“WellSaid Content”) solely in connection with your permitted use of the Services. For the purposes of these Terms, WellSaid Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by Us or Our affiliates of any kind, and information or other materials that are posted or generated by WellSaid or Our affiliates.
You have the right to view and access WellSaid Content. At no time is any User permitted to: (i) copy, transfer, sublicense, sell, lease, lend, rent or otherwise distribute WellSaid Content or the Services to any third party; (ii) decompile, reverse-engineer, disassemble, modify, or create derivative works of the Services or any WellSaid Content; or (iii) use the Services or WellSaid Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any WellSaid Content.
You agree NOT to:
The Services contain material that is protected by United States and international copyright, trademark laws and regulations and other proprietary and protected information, including, but not limited to, audio, video, graphic, photographic and text information and all WellSaid Content. WellSaid and any of its licensors exclusively own all right, title and interest in and to the Services and WellSaid Content, including all associated intellectual property rights. You acknowledge that the Services and WellSaid Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and WellSaid Content. Further You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the WellSaid Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission or use of information protected by intellectual property rights in a third party, if such submission or use is made without express permission of the intellectual property rights holder.
WellSaid respects copyright law and expects its Users to do the same. It is Our policy to terminate in appropriate circumstances the Accounts of Users who repeatedly infringe the rights of copyright holders.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send Us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification must be sent to:
WellSaid Labs, Inc.
Attn: Legal Department
113 Cherry St
Ste 52562
Seattle, Washington 98104-2205 US
legal@wellsaidlabs.com
We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.
The Services may contain links to or advertisements of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products, or services on or available from those advertisements, websites, resources, or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
You agree to defend, indemnify, and hold harmless WellSaid, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any proprietary, trademark, copyright, property, moral or privacy right; or (iv) any claim that your Content caused damage to any third party. The term “your” includes any of your employees, agents, contractors, workforce members, or any individual or entity accessing the Services using your credentials, whether authorized or not. This section shall survive these Terms and your use and termination of the Services.
We may terminate your access to and use of the Services and Account, at our sole discretion, at any time, for any reason, and without advance notice to you. If we have reason to believe that you have engaged in any prohibited activities referenced or described in these Terms of Service or have otherwise breached your obligations under these Terms or Service, we may terminate, suspend, or limit your access to or use of the Services; notify law enforcement, regulatory authorities, impacted third parties, or others as we deem appropriate; refuse to provide the Services to you in the future; and/or take legal action against you. You may also cancel your Account by emailing support@wellsaidlabs.com, giving us at least thirty (30) days notice prior to your intended termination date. If We terminate your access to the Services and your Account, and you have not violated these Terms, you may be eligible for a proration of the amount of your current billing cycle.
If we modify these Terms of Service, we will post the modification on the Services and provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the home page of any website governed by these Terms of Service. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are affirming that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION STORED ON OR ACCESSIBLE VIA THE SERVICE IS STORED AND ACCESSIBLE AT YOUR OWN DISCRETION AND RISK AND THAT WELLSAID WILL NOT BE RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO THE INFORMATION OR LOSS OF ACCESS TO INFORMATION AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. NEITHER WELLSAID NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WELLSAID HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL WELLSAID’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WELLSAID FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100) WHICHEVER IS GREATER. LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WELLSAID AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We prefer to resolve things amiably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Services. You and WellSaid agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND WELLSAID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WELLSAID OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS SPECIFIC PARAGRAPH IS HELD UNENFORCEABLE, THEN THE ENTIRETY OF THIS “DISPUTE RESOLUTION” SECTION WILL BE DEEMED VOID. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THIS “DISPUTE RESOLUTION” SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS.
Start by notifying us of your dispute by sending a notice to support@wellsaidlabs.com.
These Terms constitute the entire and exclusive understanding and agreement between WellSaid and You. These Terms supersede and replace any and all prior oral or written understandings or agreements between Us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms of Service and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in Seattle, Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. WellSaid may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by WellSaid under these Terms, including those regarding modifications to these Terms, will be given by Us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
WellSaid’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WellSaid. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions regarding these Terms, please email us at support@wellsaidlabs.com.
Last Updated: 2024-07-19
This Privacy Policy (“Policy“) describes the manner in which WellSaid Labs, Inc. (“WellSaid“, “we,” or “us“) and our website at www.wellsaidlabs.com (the “Site“), as well as all related websites, networks, applications, and other services provided by us and on which a link to this Policy is displayed (collectively, together with the Site, our “Service“) collects, uses, stores, and shares personal information and how you can exercise your privacy rights. This Policy, which is incorporated into and is subject to the WellSaid Terms of Service, describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information.
This Notice applies to Personal Information (defined below) about individuals with whom we interact in the conduct of our business, such as individuals who visit our website, who utilize our Service, or who are employed by or associated with one of our vendors, customers, or other business partners.
Types of Personal Information We Collect:
Personal Information refers to any information relating to an identifiable natural person. Personal Information also includes information that does not reveal your specific identity or does not directly relate to an individual, but could, when combined with other data, link back to you (collectively, “Personal Information”). Personal Information does not include information that has be de-identified with all identifying information removed and is not capable of being re-identified to you.
In each case as permitted by applicable law, we may collect (and may have collected in the past 12 months) the following categories of personal information for the purposes described below:
The above listed categories include within their scope “sensitive personal information”. As such, WellSaid may collect such sensitive personal information in the course of collecting the information listed in the above categories.
Company does not collect all of the above types of information in all cases. Company may also collect information in an anonymized or aggregate format (in a way that does not identify you) and which is not subject to this Policy.
How We Collect Personal Information/ Sources of Personal Information
We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.
We may combine information that we receive from the different sources described above; for example, we may create a profile based on Personal Information provided directly from you and input information regarding your interaction history with sales representatives into that profile.
Our lawful basis for processing the Personal Information described in this Notice depends on the type of Personal Information and the specific context in which we collect it.
We will normally process your Personal Information from you only (1) where you have provided your consent for us to do so, (2) where we need the Personal Information to perform a contract with you or provide services or goods to you that you have requested, or (3) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to process your Personal Information.
You are able to revoke your consent given to us for the use of your Personal Information at any time. You can do this by contacting us using the information in the “Your Privacy Preferences and Our Contact Information” section below. Please note that even if you revoke your consent, we may continue to use your Personal Information if we have a separate lawful basis for doing so other than your consent.
Business Purposes for Collecting Personal Information and How We Use the Personal Information We Collect. We use personal information we collect on the Service in a variety of ways to provide the Service and operate our business in furtherance of our legitimate business interests and purposes, including the following purposes:
When We Disclose/Share Personal Information. We may disclose information to third parties if you consent to us doing so and in the following circumstances:
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your account information at any time by accessing your account preferences page on the Service. If you wish to access or amend any other personal information we hold about you, you may contact us at support@wellsaidlabs.com. If you are a European Union, Texas, or California resident, please see below for further information regarding your data access, correction, and amendment rights. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, subject to applicable legal requirements to the contrary, we may retain all information you have previously submitted for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at support@wellsaidlabs.com or by writing to us at the address given at the end of this policy. You may request to view and modify settings relating to the nature and frequency of promotional communications that you receive by contacting support@wellsaidlabs.com.
Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Protecting the privacy of young children is especially important. Our Site is a general audience site not directed to children under the age of 13 (with no users under 18 permitted to create accounts), and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent.
We use certain physical, managerial, and technical safeguards that are designed to ensure the integrity and security of information that we collect and maintain. The measures we use are designed to provide a level of security appropriate to the risk associated with processing your Personal Information. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Company will retain your Personal Information for as long as needed based on the following criteria: to provide you with the products or services you have requested, as needed for the purposes outlined in this Notice or at the time of collection, as necessary to comply with our legal obligations (for example, to comply with opt-out requests), to resolve disputes and enforce our agreements, or to the extent permitted by law.
The Service is hosted in the United States and all Users of the Service acknowledge that their personal information and data is subject to collection connection with their use of the Service in the United States. . If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are choosing to transmit your personal information outside of those regions to the United States for storage and processing. If your use of the Service is through a third-party enterprise partner of WellSaid and your personal information or data is being collected at a point of collection outside of the United States, data transfers to the United States are subject to and governed by such data transfer agreements as Wellsaid may enter into from time to time with its enterprise partners. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
For Personal Information of European Economic Area (“EEA”) residents or where EEA data protection laws apply, with certain exceptions and limitations, you may exercise the following rights regarding your Personal Information:
To the extent Company receives any Personal Information from EEA residents as a Controller as defined in the General Data Protection Regulation (Regulation EU 2016/679), we will only collect and process Personal Information about you where we have one or more of the lawful bases described in this Notice. Where we rely on your consent to process Personal Information, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. To the extent Company receives Personal Information from EEA residents for processing as Processor as defined in the GDPR, it will receive and process such information based on the lawful bases for which the Controller originally collected and shared such Personal Information for processing.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you, unless additional time is needed, in which case we will let you know.
You may exercise your rights by submitting a request using the information in the Contact section below.
California law grants certain rights to California residents and imposes restrictions on particular business practices as summarized below. Company is not directly subject to the application of the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq. and its implementing regulations (the “CCPA”), as modified by the California Privacy Rights Act (the “CPRA”) as it itself does not satisfy the threshold requirements for CPRA compliance. Persons who are California residents may however have the right to request that we disclose to you what personal information we receive, use, disclose, and sell about you on behalf of our enterprise partners who may be subject to the CPRA. For purposes of informing you of how WellSaid uses Personal Information on behalf of our enterprise customers, please see the following:
Do-Not-Sell. California residents have the right to opt-out of any sale of your personal information. Company does not sell personal information about California residents.
Do-Not-Share. California residents have the right to opt-out of any sharing of personal information with third parties for purposes of targeted or cross-context behavioral advertising. Company does not share personal information with third-parties for purposes of targeted or cross-context behavioral advertising.
Right to Limit Use. Company does not collect sensitive personal information about you for the purpose of inferring any characteristics about you.
Verifiable Requests for Copy, Deletion , Correction, and Right to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months (please see ‘Submitting Requests’ below for instructions about how to exercise your rights):
Deletion: The right to request deletion of your personal information that we have collected about you, subject to certain exemptions, and to have such personal information deleted, except where otherwise limited by law;
Copy: The right to request a copy of the specific pieces of personal information that we have collected about you;
Right to Correct: The right to direct, subject to the use of commercially reasonable efforts, the correction of inaccurate personal information that we have collected about you;
Right to Know (Collection): Where we have collected your personal information, you have the right to request that we disclose to you certain information about how we have handled your personal information, including the categories of personal information collected, categories of sources of personal information, business and/or commercial purposes for collecting personal information, and the categories of third parties/with whom we have disclosed or shared your personal information.
WellSaid is not directly responsible for satisfying the data subject requests set forth above for California residents. If you are a California resident who wishes to obtain access to or correct, or to direct us to delete, your personal information that WellSaid maintains personal information about you through one of its enterprise partners that is subject to one of the rights listed above, please fill out a Data Request Form and email it to support@wellsaidlabs.com and we will forward your request to the appropriate party who is the collector/controller of the data.
Under the Texas Data Privacy and Security Act Notice of 2023 (the TDPSA”) we are required to notify Texas residents about our collection, use, and disclosure of their personal information (whether collected through this website or otherwise). In this section of our Notice, and in accordance with the TDPSA, “Personal Data” includes any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer relating to residents of Texas.
For detailed information on the categories of Personal Data we collect and process please review the “What Types of Personal Information We Collect” section of this Notice. The listed categories include within their scope “sensitive data categories” as that term is defined in the TDPSA. As such, Company may collect such sensitive personal data in the course of collecting the information listed in the above categories.
For detailed information about the sources from which we collect Personal Data, please review the “How We Collect Personal Information” section of this Notice.
For detailed information on how we use your Personal Data, please review the “How We Use Your Personal Information” and “Lawful Bases for Processing Personal Information” sections of this Notice.
As described in this Notice, Personal Data we process might be shared and disclosed with third parties for business or commercial purposes. For detailed information on third-party sharing in the “With Whom We Share Your Personal Information” section of this Notice.
Persons who are Texas residents have the right to request that we disclose to you what personal data we collect, use, disclose, and sell about you as follows:
Right to Access: You have the right to confirm what Personal Data we are processing on you and to access the Personal Data, including:
Right to Correct: You have the right to correct inaccuracies in your Personal Data, considering the nature of the Personal Data, and the purposes for processing your Personal Data.
Right to Delete: You have the right to request the deletion of your Personal Data that we have collected about you, subject to certain exceptions.
Right to Data Portability: You have the right to request a copy of personal data, if it exists in a digital format that you previously provided to us. We will provide the copy to use in a portable, and to the extent technically feasible, readily usable format that allows you to transfer the data to another Controller without hindrance. •
Right to Opt-Out of the Selling Personal Data: You have the right to opt-out of the selling of your Personal Data for the purposes of targeted advertising, the sale of your Personal Data, or profiling in furtherance of a decision that produces a legal or similarly significant effect concerning you. WellSaid does not sell Personal Data.
We do not use sensitive Personal Data about you for purposes other than those specified in the TDPSA and this privacy notice.
If you are a Texas resident or their authorized agent who wishes to obtain access to or correct, or to direct us to delete, your personal information, please fill out a Data Request Form and email it to support@wellsaidlabs.com.
We may deny a request if your identity and residency are not verified to our satisfaction or as otherwise permitted by law. Every request from an individual will be assessed on a case by case basis. We will not discriminate against consumers who exercise their rights under Texas law. If your request is denied, we will notify you why in writing. If we deny any of your rights granted by the TDPSA, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please include ‘Appeal’ in the subject line, along with the prior request and related communications. We will notify you in writing of any action taken or not taken in response to your appeal not later than the 60th day.
We will respond to your requests within 45 days, unless additional time (up to 45 more days) is needed, in which case we will let you know.
Please contact us with any questions or comments about this Policy, information we have collected or otherwise obtained about you, our use and disclosure practices, or your consent choices by email at support@wellsaidlabs.com.
WellSaid Labs, Inc.
113 Cherry St
Ste 52562
Seattle, Washington 98104-2205 US
Please note that when you submit a request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to submit additional information, use identity verification services to assist us, or, if you have set up an account on our website, we may ask you to sign in to your account as part of our identity verification process. Please understand that, depending on the type of request you submit, to protect the privacy and security of your personal information, we will only complete your request when we are satisfied that we have verified your identity to a reasonable degree of certainty.
