ElevenLabs

" (ii) Scope of License. The license granted to you is limited to a non-transferable license to use the Mobile App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service."

" (h) No PHI.  You may not provide any Input that includes protected health information as defined by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Pub. L. No. 104-191 except as permitted by an executed HIPAA BAA."

"if you access or use our Services free of charge (such a user, a “ Free User ”), you may only use the Services for non-commercial purposes; (ii) if you access or use our Services through a paid subscription plan (such a user, a “ Paid User ”), you may use the Services for commercial purposes"

" (b) User Voice Models. Some of our Services allow you to create a voice model that can be used to generate Output in the form of synthetic audio sounding like your voice or a voice you are authorized to share with us (a " User Voice Model "). To create a User Voice Model through our Services, you may be asked to upload audio recordings of your voice or the voice you are authorized to share with us as Input to our Services, and ElevenLabs is permitted to use those audio recordings of the voice you provide to us subject to subsection 4(d) below. For more information on how we collect, use, share, retain, and destroy your audio recordings, please see the Voice Processing Notice in our Privacy Policy. You may request deletion of your User Voice Models created with your Input recordings through your account."

" You may provide certain information to ElevenLabs in connection with your access to or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive communications from ElevenLabs via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to ElevenLabs in connection with the Services is accurate. For information about how we collect, use, share, and otherwise process information about you, please review our Privacy Policy .In addition, where you agree to these terms on behalf of an entity, you agree that the Data Processing Agreement governs ElevenLabs’s processing of any personal data contained within any content you input to our Services. You acknowledge that ElevenLabs may process personal data relating to the operation, support, or use of our Services for our own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development, research and development of its AI models, improvement of its systems and technologies, and compliance with law."

"If your account is closed or terminated, you will forfeit all unused credits related to our Services (including character credits) associated with your account."

"If the Reseller ceases at any time to be an authorized Reseller, including for a failure to pay for any Services, your continued use of Services may be conditioned upon you executing a written agreement for such Services directly with ElevenLabs, and paying the outstanding Fees, if any, that Reseller did not remit to ElevenLabs on your behalf."

" (vi) Expiration of Prepaid Credits. Unless otherwise specified at the time of purchase or issuance, all Prepaid Credits expire twelve (12) months after the date of purchase or issuance, as applicable. Expired Prepaid Credits are automatically removed from your Account and may not be reinstated. ElevenLabs has no obligation to provide notice prior to the expiration of Prepaid Credits."

"Resellers are not authorized to modify the Agreement or make any promises or commitments on ElevenLabs’s behalf, and ElevenLabs is not bound by any obligations to you other than as set forth in this Agreement. ElevenLabs may temporarily suspend or terminate delivery of Services to you in accordance with these Terms. "

" (vii) No Refunds; Final Sale. Except where required by applicable law, Prepaid Credits purchases are non-refundable, and no refunds or credits will be provided for unused, partially used, expired, or forfeited Prepaid Credits. Unused Prepaid Credits are not refundable upon Account suspension or termination."

" (iv) Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Mobile App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of ElevenLabs. However, ElevenLabs has disclaimed all warranties of any kind with respect to the Mobile App, and therefore, there are no warranties applicable to the Mobile App."

" (a) To the fullest extent permitted by applicable law, ElevenLabs will not be liable to you under any theory of liability (whether based in contract, tort, negligence, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if ElevenLabs has been advised of the possibility of such damages."

"ElevenLabs has disclaimed all warranties of any kind with respect to the Mobile App, and therefore, there are no warranties applicable to the Mobile App."

" (e) Severability. If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable."

"SECTION 12 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND ELEVENLABS. ADDITIONALLY, SECTION 12 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND ELEVENLABS SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 12 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 12 CAREFULLY. UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS SET FORTH IN SECTION 12: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST ELEVENLABS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL."

" (b) Disputes Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or ElevenLabs, including any disputes in which you or ElevenLabs seek injunctive or other equitable relief for the alleged unlawful use of your or ElevenLabs’ intellectual property or other infringement of your or ElevenLabs’ intellectual property rights (“ IP Disputes ”), all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 12(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“ JAMS ”) pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. The remedies and reliefs rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction."

" (a) Subscriptions. To access and use certain Services, you may be required to enroll in a subscription payment plan (a “ Recurring Subscription ”). Your Recurring Subscription will automatically renew until you cancel it or your Recurring Subscription is otherwise terminated. You authorize us to store your payment method information and to automatically charge your payment method(s) for the amount of your Recurring Subscription with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. In the event that ElevenLabs is unable to charge your payment method(s) as authorized by you when you enrolled in a Recurring Subscription, ElevenLabs may in its sole discretion (i) suspend your access to the Services until payment is received or (ii) seek to update your payment method information through third-party sources (i.e., your bank or a payment processor) to continue charging your payment method as authorized by you. You may cancel your subscription through your account. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period. ElevenLabs may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current"

" (i) Google Play Terms. You acknowledge that to the extent of any conflict between (A) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “ Google Play Terms ”), and (B) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Mobile App that you download from Google Play."