Terms of Service
Last Updated: 2019-10-05
Welcome to WellSaid Labs Inc. (“WellSaid”, “WellSaid Labs Inc.”, “We”, “Us” or “Our”) Terms of Service (the “Terms”). We have created a proprietary method that allows you to create synthetic voices. We love to see what our customers create with this technology. Our service is designed to give you complete ownership of the audio files created and the content you contribute to create the audio files.
Please read these Terms carefully because they govern your use of our website www.wellsaidlabs.com (the “Site”) and the services and products available at or through the website. If you have any questions, contact us at firstname.lastname@example.org. To make these Terms easier to read, the Site, and our products and services and are collectively called the “Services.”
Agreement to Terms
By accessing, installing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, it’s simple: do not use the Services.
Changes to Terms or Services
We reserve the right to modify the Terms and our Services at any time, in our sole discretion. While we are not required to provide notice we will post a notice to changes on our website. 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 indicates to us that you agree to be bound by the modified Terms. The date of last revision will be shown at the top of this page. 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.
Creating an Account
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 should be yours – don’t 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.
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 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.
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 for use, we cannot be held responsible for any breach of data, infringement of proprietary information, customer information, content, or other data. Ensuring the security of that data is your responsibility. If you suspect a data breach or suspicious activity please report it to us immediately.
Accounts will be billed monthly starting on the day you sign up and then every thirty days thereafter. If you upgrade your Account plan, you will be billed immediately upon upgrading and then on that date on every month thereafter. 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.
Audio Files Created
Our services allow you to generate audio files with synthetic voices dictating the text you have supplied. The synthetic voices themselves are proprietary of WellSaid Labs however, the Audio Files (in WAV format) are provided to you for your own 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.
We welcome feedback, comments and suggestions for improvements to the Services. You can submit feedback by emailing us at email@example.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.
User Content and Ownership
For purposes of these Terms, “User Content” means 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 by you. You are solely responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness.
You represent and warrant to us:
Your User Content (i.e. text script) is yours (you own it) or you have the right to use it and to grant Us the limited rights and license as provided in these Terms;
Your posting of User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, consent rights or any other rights of any person. WellSaid does not pre-screen User Content, but we do have the right (but not the obligation) in our sole discretion, to refuse or to remove any User Content that is available via the Service. WellSaid will have no obligation to provide a refund of any amounts previously paid by any user.
We claim no intellectual property rights over the material or content you provide to or on the Service. Your Content remain 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. However, you grant Us a limited non-exclusive, non-transferable, non-sublicensable, worldwide license to use any User Content submitted by you to improve our services, troubleshoot matters, and general data analytics. We will not use such content for promotional purposes.
We encourage you to participate in our community (when available), but ask that you respect other Users just like yourself when posting User Content to, and otherwise using, the Services. Regardless, we do expect that any time you are using the Services, you agree NOT to:
use language or transmit User Content through the Services that may be considered offensive or profane. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.
harass or threaten other Users through the Services. Harassing behavior and language includes insults, ethnic and homophobic slurs, defamatory statements, invasive statements that may infringe on a User’s privacy, or the transmission or sharing of any content that may cause another user to experience ridicule, threat or discomfort.
submit content or material through the Services that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
publish falsehoods or misrepresentations that could damage Us, Our Users or any third party;
publish through the Services, any private information of someone (like their address or phone number) without their permission;
submit material through the Services that is unlawful, non-consensual, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
impersonate another person or represent yourself or your site as affiliated with Us, or Our staff;
This list is an example and is not intended to be complete or exhaustive. WellSaid does not pre-screen Content, and 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.
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 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) transfer, sublicense, sell, lease, lend, rent or otherwise distribute WellSaid Content or the Services to any third party; (ii) decompile, reverse-engineer, disassemble, 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.
The Services contain material that is protected by United States and international copyright, trademark and other proprietary 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 of information protected by intellectual property rights in a third party, if such submission 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
2157 N Northlake Way
Seattle WA 98103
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.
Links and Advertisements of Third Party Websites or Resources
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 copyright, property, moral or privacy right; or (iv) any claim that your Content caused damage to any third party. 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 and without notice to you. You may also cancel your Account by emailing firstname.lastname@example.org, 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.
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.
Limitation of Liabilitys
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), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WELLSAID, AS APPLICABLE.
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 Application. Start by notifying us of your dispute by sending a notice to email@example.com.
Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.
Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
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.
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.
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.
Questions & contact information
If you have any questions regarding these Terms, please email us at firstname.lastname@example.org.