Terms of service
Effective Date: 01/08/2024

Agreement Overview

This Terms of Service Agreement ("Agreement") is entered into by and between you, the user, either individually or on behalf of your employer or another entity (collectively, "you" or "your"), and talkingavatar.ai ("Company", "we", "us", or "our"). This Agreement is effective upon your acceptance as evidenced by your use of our services or signing of this document. This Agreement governs your use of the talkingavatar.ai program ("Beta Program"), which includes all related software, updates, and services provided therein (collectively, the "Beta Product").

1. General Terms

The Beta Program permits you to create and upload voice clones to our platform. Please note that any uploaded content may become publicly available. The Beta Products offered under this Agreement are provided solely for testing and non-commercial use. Additionally, Beta Products include, but are not limited to, software, services, APIs, and functionalities specifically designed for business use as made available under this Agreement.

2. Beta Testing Obligations

You acknowledge that the Beta Product is experimental and has not been fully tested. The Beta Product is provided on an "AS IS" and "AS AVAILABLE" basis. We reserve the right to modify, terminate, or otherwise alter access to the Beta Product without prior notice and without liability. You are obligated to provide timely feedback, including but not limited to, suggestions, comments, and bug reports. Such feedback shall be considered our exclusive property, and you hereby assign all rights in the feedback to us without any compensation. You agree to maintain the confidentiality of all non-public information disclosed during the testing.

3. Use Restrictions

You are prohibited from abusing the talkingavatar.ai platform, such as creating multiple accounts for unauthorized benefits or using the Beta Product to develop competitive products. We reserve the right to terminate your access if misuse is suspected or if your conduct violates any provision of this Agreement. You must have proper authorization to use any videos and voices or likenesses uploaded to our platform, adhering strictly to applicable parody or satire purposes.

4. Intellectual Property Rights

All intellectual property rights in the Beta Product and associated materials are owned by us. You are granted a limited, non-transferable license to use the Beta Product for personal, non-commercial testing purposes. You may not reverse engineer, decompile, or disassemble the Beta Product, nor may you remove or alter any branding or proprietary notices.

5. Disclaimer of Warranties

The Beta Product is provided without warranties of any kind, either express or implied. We do not guarantee its performance, compatibility, or availability. You assume all risks associated with the use of the Beta Product.

6. Limitation of Liability

We will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of or inability to use the Beta Product, even if we have been advised of the possibility of such damages.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, agents, and employees from any claims, damages, liabilities, and expenses arising from your use of the Beta Product or your violation of this Agreement.

8. Termination

This Agreement is effective until terminated. Either party may terminate the Agreement at any time for any reason. Upon termination, you must cease all use of the Beta Product and destroy all copies.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its conflict of law principles.

10. Miscellaneous

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements.

Contact Information

If you have any questions or concerns about these Terms or the Beta Products, please contact us at .