PLAYAI END USER TERMS OF SERVICE

PlayAI Service Overview
Our platform allows you to generate audio files with synthetic AI voices (the "Service"). These Terms apply to your use of the Service, regardless of how you access it (e.g., via our website, apps, APIs, or via a third-party that may be utilizing our API to offer you the Service or hosting our Service on its or its vendors' servers).

No Training of AI Models on Your Submitted Content: In accordance with Section 9 of these Terms, we will not use the data or content you submit to and process with our Service ("User Content") to train our AI models, except as specifically noted (e.g., aggregated usage metrics that do not reveal your content).

Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms, and you agree to be bound by these Terms. You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and these Terms.

Accounts and Registration
To access most features of the Service, you must register for an account. When registering, you may be required to provide certain information about yourself, such as your name, email address, or other contact information. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep it accurate and up to date. You are solely responsible for maintaining the confidentiality of your account and password and accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, immediately notify us at support@play.ht.

We reserve the right to remove or change a username we determine, in our sole discretion, to be inappropriate, obscene, or otherwise objectionable.

General Payment Terms
Certain features of the Service require you to pay fees as set forth on our Pricing Page. Before paying any fees, you will have the opportunity to review and accept the fees that you will be charged. Unless specifically stated otherwise, all fees are in U.S. Dollars and non-refundable except as required by law or as provided in Section 5 (Refund Policy).

Price
PlayAI reserves the right to determine pricing for the Service. We encourage you to check our pricing page periodically for current pricing. We may change the fees (or add new fees) for any feature of the Service if we give you advance notice of changes before they apply. Promotional offers may have different features and pricing.

Authorization
You authorize PlayAI to charge all sums for orders that you make and any level of Service you select, including applicable taxes, to the payment method specified in your account. If you pay with a credit card, PlayAI may seek a pre-authorization to verify the card is valid and has the necessary funds.

Subscription Service
Our Service may include certain subscription-based plans with automatically recurring payments ("Subscription Service"). Your subscription begins on the date of purchase ("Subscription Billing Date"), continues for the period you select ("Initial Subscription Period"), and automatically renews for successive periods of the same duration (each a "Subscription Period") unless you cancel or we terminate. If you activate a Subscription Service, you authorize PlayAI or its third-party payment processors to periodically charge you on a going-forward basis until cancellation. You must cancel before the renewal date to avoid additional charges. You may do so by logging into your account or contacting support@play.ht.

Delinquent Accounts
PlayAI may suspend or terminate access to fee-based portions of the Service for any account with overdue amounts. In addition to the overdue amount, you may be liable for fees or charges incidental to any chargeback or collection.

All Sales Are Final
Unless explicitly stated otherwise in a separate written agreement with PlayAI, all sales and transactions made through our platform are final, and we do not offer refunds for any reason.

Subscription Services
For subscription-based Services, you are responsible for canceling your subscription before the renewal date to avoid charges for the next billing period. No refunds or prorated refunds will be given once a subscription fee has been charged.

Technical Issues
We do not guarantee the absence of technical issues or interruptions. In the event of technical issues, contact support@play.ht for assistance, but technical disruptions alone do not entitle you to a refund.

Change of Mind
We do not offer refunds for change of mind or dissatisfaction with the Services.

Changes to the Refund Policy
PlayAI may amend this Refund Policy at any time. Changes will be effective immediately upon posting.

License Restrictions; Acceptable Use
Except to the extent such restriction is impermissible under applicable law, you may not:

Prohibition on Duplication & Reverse Engineering (On-Premise Deployments)
If you purchase license to use the Service in an on-premise deployment using your or your licensor's servers ("Infrastructure"), Customer shall not, directly or indirectly:
Any violation of this Section 6.3 shall constitute a material breach of these Terms, and PlayAI reserves the right to immediately terminate Customer's access to the Service and pursue all available legal remedies.

Feedback
If you provide any suggestions or feedback regarding the Service, you grant PlayAI an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, royalty-free right to use and exploit such feedback in any manner.

Ownership; Proprietary Rights
The Service (including the visual interfaces, design, compilation, code, and all other elements) is owned by PlayAI or its licensors and is protected by intellectual property laws. Except as expressly authorized, you may not make use of these proprietary materials. PlayAI reserves all rights not granted explicitly.

Third-Party Services and Linked Websites
PlayAI may provide tools that allow you to export information or link your account to third-party services (e.g., social media). We do not control these third-party services and are not responsible for their actions or policies. Once you share information with a third party, PlayAI no longer has control over how that information is used.

Third-Party Software
The Service may include or incorporate open-source or third-party software components, which remain subject to their own licenses.

Partner-Hosted Deployment Terms
This Section 8.3 sets out clauses that apply to you in the event you have subscribed for the Service through one of our third-party partners ("Hosting Partner") which deploys and hosts the Service. You acknowledge and agree to the following, including all disclaimers set out within this Section 8.3:

User Content Ownership and License
You retain ownership of your User Content, except that you grant PlayAI a worldwide, non-exclusive, revocable, royalty-free license to use your User Content as necessary to operate the Service or as otherwise directed by you. We will not train our AI models on your submitted content, except where aggregated or de-identified usage data is collected per Section 9.4.

You Must Have Rights to the Content
You are solely responsible for your User Content. By submitting User Content, you represent and warrant that:

User Content Disclaimer
PlayAI is not responsible for User Content submitted by users. We reserve the right to remove or block any User Content that violates these Terms or is otherwise objectionable in our sole discretion.

Usage Data; Aggregated Data
PlayAI may process non-identifying usage data (such as volume of usage and performance metrics) to maintain and improve the Service or ensure compliance. "Usage Data" excludes the actual text or voice content you submit. "Aggregated Data" is data that has been de-identified or aggregated so it no longer identifies you or any individual.

Push Notifications
If you install our mobile app, you consent to receive push notifications. You may turn them off in your device settings.

Email
We may send you emails about our products and services. You may opt out of promotional emails by following the unsubscribe instructions in those emails.

Intellectual Property Rights Protection
PlayAI respects others' intellectual property rights and requires that you do the same. If you believe any content infringes a third-party right, please notify us. Infringing activity is not tolerated on or through the Service.

Modification of Terms
We may revise these Terms at any time. Material changes will be effective 30 days after posting or notice to existing users, unless otherwise stated. We may require that you accept the revised Terms to continue using the Service. If you do not agree to the revised Terms, discontinue use of the Service.

Term
These Terms are effective upon your acceptance and continue until terminated as described.

Termination
We may terminate these Terms, your account, or your access to the Service at any time for any reason or no reason, without notice or liability. You may terminate your account at any time by contacting support@play.ht.

Effect of Termination
Upon termination:

Modification of the Service
We reserve the right to modify or discontinue any part of the Service without notice at any time. We will not be liable for such changes. You should retain copies of any User Content you submit, as we are not responsible for storing or providing access to that User Content after termination or modification.

Indemnity
To the fullest extent permitted by law, you will indemnify, defend and hold harmless PlayHT and its shareholders, directors, employees, consultants, and agents ("PlayHT Indemnitees") from and against every claim, action or proceeding ("Action") brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with:
PlayAI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

"AS IS" and "AS AVAILABLE" Basis
PlayAI provides the Service and all materials/content on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the Service will be error-free or uninterrupted.

No Advice or Information
No advice or information, oral or written, creates any warranty not expressly stated in these Terms.

No Liability for Third Parties
You may obtain the Service as hosted on a third party platform or in conjunction with a third party service. PlayAI is not responsible for monitoring or otherwise managing or guaranteeing third parties' services or hosting environment, even as related to our Service or PRIVACY POLICIES or data handling practices.

We also do not monitor, endorse, or in any way are responsible for third parties in respect of their provision of any product or service to you and all related act or omissions. We are strictly limited in our responsibility to you to the items set out under these Terms.

Material changes to the third party platform may affect performance or availability of the Services. YOU ACKNOWLEDGE THAT SUCH CHANGES ARE OUTSIDE PLAYAI'S CONTROL.

PLAYAI DISCLAIMS THAT ANY THIRD-PARTY OFFERINGS OR OTHER THIRD-PARTY MATERIAL SHALL BE IN COMPLIANCE WITH LAWS.

PLAYAI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY THIRD-PARTY OFFERINGS, WEBSITES OR SERVICES.

No Liability for User's Behavior
PLAYAI DOES NOT MONITOR OR POLICE CUSTOMER INPUT OR OUTPUTS GENERALLY INTO THE SERVICE AND PLAYAI IS NOT RESPONSIBLE FOR THE CONTENT THEREIN OR OUTPUT THEREFROM. WE HAVE NO OBLIGATION TO EDIT OR CONTROL USER INPUT THAT YOU OR OTHER USERS SUBMIT AND WE ARE NOT RESPONSIBLE OR LIABLE FOR USER INPUT. PLAYAI DOES NOT CONDONE OR IN ANY WAY ENCOURAGE CONTENT CREATION THAT DOES NOT CONFORM TO LOCAL LAWS AND REGULATIONS OR IS INAPPROPRAITE OR UNSUITABLE FOR YOUR USE SCENARIO.

No Liability for Rogue Behavior
WE ARE NOT RESPONSIBLE FOR ANY FRAUD, WILLFUL MISCONDUCT OR OTHER USE ISSUES WHICH MAY ARISE IN RESPECT OF CUSTOMER ACCOUNT AND THE IMPROPER USE OF YOUR LOG-IN CREDENTIALS. YOU MUST BE VIGILANT IN PROTECTION OF YOUR CREDENTIALS, MAINTAIN APPROPRIATE INTENRAL GUIDELINES FOR USE OF OUR SERVICE.

Exceptions
THE FOREGOING DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

No Indirect Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLAYAI BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICE; (C) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (D) COST OF REPLACEMENT GOODS OR SERVICES; (E) LOSS OF GOODWILL OR REPUTATION; OR (F) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER PLAYAI WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Liability Cap
EXCEPT WHERE PROHIBITED BY LAW, PLAYAI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID TO PLAYHT UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Essential Basis of the Bargain
Each provision of these Terms that limits liability is an essential basis of the bargain between the parties.

No Jury Trial
By accepting these Terms, you and PlayAI each waive the right to a trial by jury.

No Class Actions
You and PlayAI may only bring claims in your individual capacity and not as a plaintiff or class member in any class or representative action, including in mass arbitration.

Arbitration
If you are resident or registered in North America or South America, any dispute between you and PlayAI arising out of or relating to these Terms will be conclusively determined by final and binding confidential arbitration in San Francisco, California, administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The ruling may be entered in any court having jurisdiction.

If you are resident in the Middle East and Europe, any dispute between you and PlayAI arising out of or relating to these Terms will be conclusively determined by final and binding confidential arbitration in English by one arbitrator under the LCIA Rules, which are deemed to be incorporated by reference into this clause, in London, England.

Costs
Each party will bear its own attorneys' fees and costs, and the parties shall split arbitrator fees unless otherwise required by law.

Equitable Relief
Notwithstanding this Section, each party may seek injunctive or other equitable relief in a court of competent jurisdiction.

Compliance with Laws and Export Regulations
You agree to comply with all laws with respect to the use of the Service, and agrees not to export or re-export, directly or indirectly, the Service or any other information or materials provided by us to any country where such export is restricted or requires an export license or governmental approval, without first obtaining the necessary permissions. The Service may not be exported or re-exported to, or used by parties residing in any country under a U.S. embargo or designated by the U.S. Government as a "terrorist-supporting" country, or by any individual or entity listed on U.S. Government lists of prohibited or restricted parties, such as the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons or Entity List.

By using the Service, YOU CONFIRM AND WARRANT THAT NEITHER YOU NOR YOUR USERS ARE LOCATED IN SUCH A COUNTRY OR LISTED ON ANY SUCH PROHIBITED LIST. You are responsible for complying with all applicable U.S. export laws and regulations at your own expense.

General Terms
These Terms, including the Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire understanding between you and PlayAI. You may not assign your rights or obligations without our written consent. Our failure to enforce any provision does not waive our right to enforce that or any other provision in the future. The Hosting Partner Terms are separate and apart from these Terms and apply to you as well. Please consult the Hosting Partner Terms independently.

Governing Law
These Terms are governed by laws of the State of California, without regard to its conflict of law principles.

Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines that we may post on or link to from the Service.

Electronic Communications
By using the Service, you consent to receiving electronic communications from us as described in our Privacy Policy.

Contact Information
The Service is offered by Playht, Inc., located at 535 Alma St Palo Alto, CA 94301, USA. You may contact us at support@play.ht.

No Support
We have no obligation to provide support except as we may determine in our sole discretion.

Notice Regarding Apple (for iOS Users)
This Section applies if you use our mobile app on an Apple iOS device: