TextSpeakPro.com
Terms of Service
Updated May 27, 2024
What's Addressed in these Terms
The aim of these Terms of Service is to delineate what you can anticipate from our platform and what we anticipate from you.
These Terms of Service define the connection between you and TextSpeakPro.com. They explain the regulations pertinent to us as a service provider and establish certain guidelines for interacting with our platform, which we request you adhere to. Below, you will find an outline of the sections covered in these terms and their respective subjects:
We strongly recommend that you review and peruse these terms thoroughly. By accessing any of our Services, you acknowledge that you have reviewed, perused, comprehended, and consented to abide by these Terms of Service.
By utilizing any of the Services, you also agree to abide by our Privacy Policy, which is integrated into these Terms of Service by reference. We also encourage you to review our Privacy Policy to understand how we handle your data when you utilize our Services.
With the exception of certain dispute types described in the section below titled "Dispute Resolution and Arbitration," you agree that disputes arising from these Terms of Service will be settled through binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND TEXTSPEAKPRO.COM EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Introduction to these Terms
The law affords you certain rights that cannot be constrained by an agreement such as these terms of use, and we have no intention of limiting those rights in any manner.
These terms delineate the association between you and TextSpeakPro.com. They do not establish any legal entitlements for other individuals or organizations, even if others derive benefit from that association under these terms.
Not all Services referenced in these terms may be accessible in your jurisdiction.
Failure to adhere to these terms and lack of immediate action on our part do not signify relinquishment of any rights we may possess, such as taking action in the future.
We may revise these terms to reflect alterations in our Services or the operation of our business. For instance, we may revise these terms:
If you disagree with the new terms, you should promptly discontinue and cease using our services. You may also terminate your association with us at any time by discontinuing use of our services and website.
There may be instances of typographical errors, inaccuracies, or omissions in the information provided on our site, including descriptions, pricing, availability, and other details. We reserve the right to rectify any such errors in our services without prior notice.
These terms are applicable to all users. If any provision of this Agreement is deemed illegal or in conflict with any law by a court of competent jurisdiction, it will not affect the validity of any other provisions. Specific provisions pertinent to residents of the US, EU, and UK are provided where applicable.
TPS Worldwide LLC is registered in the State of Arizona. We have our registered office at 3101 N Central Ave, Suite 183, Phoenix, AZ 85012. Our mailing address is the same.
Age Limitations
You must be at least 18 years old to utilize our Services and website.
Your Association with TextSpeakPro.com
These terms establish your connection with us. Broadly, we grant you permission to utilize our Services if you consent to adhere to these terms, which delineate the operation of our Services and how we derive revenue from them. When we mention "TextSpeakPro.com," "we," "us," and "our," we refer to TPS Worldwide LLC and its Affiliates. When we refer to our Service or Services, we mean the functionalities and features we offer, including text-based speech synthesis in various languages and styles.
What to Expect from Us
Develop, enhance, and update TextSpeakPro.com services
We continuously enhance our technology and features to improve our Services. In doing so, we may introduce or remove features, adjust usage limitations, as well as introduce new services or discontinue previously offered ones. Additionally, we may modify our Services to:
We will also update our services to adhere to applicable laws and regulations. We commit to meeting legal safety standards. Moreover, we may automatically update our Services to mitigate significant safety or security risks.
Our Service is provided on an as-is and as-available basis. We continuously update our Services and strive to maintain their functionality as expected. However, due to the nature of machine learning and other variables, we cannot guarantee that our models will always produce the desired output—your generated content may occasionally contain errors, mispronunciations, and unintended artifacts.
Site Administration
We may monitor our services for breaches of these terms and may take appropriate action against individuals who, in our judgment, violate the law or these terms. For instance, we may deny or restrict access (including, but not limited to, blocking certain IP addresses) to our Services and the text you input. We may also take other measures to safeguard our rights or property or to facilitate the proper operation of our Services.
The Content You Input/Generate and Your Intellectual Property
To dispel any uncertainty, we do not claim Intellectual Property Rights over the text you input into our system or the Content you Generate using our Services. Furthermore, we will not utilize the text you input to independently generate any content. We also refrain from using any of your Generated Content without your consent for purposes other than those outlined in the "License and your Intellectual Property" section below.
We will employ the Content/text you input into our site to carry out our Services, and we may utilize this content to enhance our Services and models. By using our text-to-speech service, you agree that we may store the text inputted by the user and the corresponding audio output in your browser's local database for performance optimization purposes. This caching process enhances the efficiency of our service by reducing server load and improving response times. You acknowledge and consent to this data storage mechanism as an integral part of our service delivery. Please note that while the data may never be cleared from your browser's local database, we assure you that it will only be accessed for service optimization purposes, and we do not engage in any form of data monitoring or examination beyond enhancing user experience and service performance. The Files you create are processed automatically, and they cannot be deleted or retrieved (as we do not offer a data storage service).
Currently, while you can input text, you cannot upload files to our site or replicate voice. However, all terms and conditions stated herein will apply if this feature becomes available as part of our Services.
Due to the nature of machine learning, the content you generate using our Services may not be unique among users, and the Services may produce the same or similar output for TextSpeakPro.com or a third party. For instance, you may provide input to a model such as "Gary went to the store" and receive audio output of these words spoken. Other users may input similar text and voice and receive the same response. Responses requested by and generated for other users are not considered Your Content.
Data Storage: Your input text and settings are stored in our database to generate a unique short link for sharing purposes. While we take all reasonable precautions to protect your data, we cannot guarantee absolute security. By using our service, you acknowledge and accept the inherent risks associated with transmitting information over the internet.
Sharing of Information: When you generate a short link to share your text-to-speech settings and input text, please be aware that anyone with access to this link will be able to view the content. Exercise caution when sharing sensitive or personal information. We are not responsible for any misuse or unauthorized access resulting from sharing these links.
Modifications and Interruptions
We cannot ensure constant availability of our Site or Services. Technical glitches, hardware or software issues, and maintenance-related tasks may lead to interruptions, delays, or errors in our Services. Additionally, we reserve the right to modify, suspend, or cease offering our Services without prior notice.
US Specific
You acknowledge that we bear no responsibility for any loss, damage, or inconvenience arising from your inability to access or use the Site during any periods of downtime or discontinuation. Nothing in these Terms of Use obliges us to maintain and support the Site or provide any updates or enhancements related to our Services.
EU Specific
If you're a Consumer based in the EEA, you have the option to withdraw from these terms within 14 days of accepting them. Please refer to the EEA Withdrawal Instructions for specific details.
Expectations from You
Adherence to These Terms and Service-Specific Additional Terms
Generally, we grant you permission to utilize our Services if you consent to abide by these terms.
While we grant you permission to utilize our Services, we retain all Intellectual Property Rights associated with them. This encompasses, for instance, all source code, speech synthesis technology, voice designs, databases, functionalities, software, technologies, videos, website layouts, texts, and graphics within our Services, along with their design and arrangement. This also encompasses our trademarks, trade names, and logos. We urge you not to reproduce, republish, upload, publicly display, distribute, sell, license, or utilize any parts of our Services for commercial purposes as described above. You must refrain from utilizing any part of our Services or their output to develop products, models, or services that compete with TextSpeakPro.com.
Assuming you possess the requisite Intellectual Property Rights in the Content you Generate using our Services, you may utilize this Generated Content for commercial purposes.
Respect for Others and Compliance with Rules
We aim to uphold a respectful and secure environment for all users, and we urge you to adhere to these fundamental conduct guidelines when using our Services:
Respect the rights of others, including their Intellectual Property Rights, publicity rights, and copyrights. Refrain from harming others or yourself, such as through deceit, fraud, illegal impersonation, defamation, threats, bullying, or harassment. Avoid abusing or disrupting our Services, such as through malware, spamming, hacking, or circumventing our systems or protective measures.
By utilizing our Services, you affirm that:
You possess the capacity to consent to these terms and do so willingly. You are not a minor in your jurisdiction, or if you are a minor, you have parental consent to use our Services. You will not use our Services for any unlawful or unauthorized purposes. Your use of our Services will not contravene any applicable laws or regulations. You will not access our Services other than through our Public API using automated means, such as bots or scripts.
Refer below for further details on prohibited activities.
Authorization to Utilize Your Content
Generally, our Services enable you to input text and generate audio content. However, providing text to our Services is optional, and you are free to select the text you wish to input. Should you opt to input text to share the Content you Generate with that text, ensure that you possess the necessary rights to do so and that you share your Generated Content lawfully.
License and Intellectual Property
Grant of License
Your Content belongs to you, and you retain all Intellectual Property Rights associated with Your Content. This includes both the text you input into our Services and the Files you Generate using our Services. We require your consent if your Intellectual Property Rights impose restrictions on our use of Your Content. You grant us a license to utilize, host, store, display, reformat, archive, cache, disclose, reproduce, distribute, perform, display, transmit, and otherwise exploit Your Contributions and Your Content in the manner described in these Terms of Service (the Content License).
Scope of Coverage
This license encompasses Your Contributions and Your Content.
Rights Granted
This license permits us to utilize, host, store, display, reformat, archive, cache, disclose, reproduce, distribute, perform, display, transmit, and otherwise exploit Your Content and Your Contributions. For instance, it enables us to execute our Services, store Your Content and Your Contributions on our systems, and make them accessible from anywhere you go.
Purpose of License
This license serves the limited purpose of:
Duration and Additional Rights
This license is perpetual, sublicensable, global, royalty-free, and, unless otherwise specified in these Terms of Service, irrevocable.
If your Uploaded Content contains personal data of EU citizens, you are accountable for this data as a controller according to the General Data Protection Regulation. You authorize TextSpeakPro.com to process this data on your behalf by hosting your enrolled data and engaging other parties as processors. We process your Uploaded Content according to these Terms.
EU & UK Specific
If you are an EU or UK citizen, this license does not supersede your right to opt out from certain purposes of personal data processing, as specified in our Privacy Policy.
TextSpeakPro.com retains all rights not expressly granted in this license.
This license is also contingent on your compliance with our Terms of Service.
Essential Consents and Legal Authorizations
Infringements on Intellectual Property Rights
To dispel any uncertainty, by inputting text to our Services, you verify that:
Affiliate Disclosure
Some of the links on this website are affiliate links, meaning we may earn a commission if you click through and make a purchase. Our affiliate partnerships include, but are not limited to, companies like Amazon, Walmart, and other retailers.
We are committed to providing accurate and up-to-date information. Our goal is to help you make informed decisions, and we only recommend products and services that we believe will add value to our users. However, please be aware that our content may not always be neutral due to the compensation we receive through these affiliate links.
By using our website, you acknowledge and agree that we may receive such compensation and that it does not influence the information provided.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an Intellectual Property Rights-related complaint about any material on the Services, you may contact our Registered Agent at the following address:
Republic Registered Agent LLC
Attn: TPS Worldwide, LLC
3101 N Central Ave, Suite 183
Phoenix, AZ 85012
Email: support@tpsworldwide.net
Procedure for Reporting Alleged Infringement
Repeat Infringers
Counter Notification
Reposting of Content Subject to a Counter Notification
False Notifications of Alleged Infringement or Counter Notifications
Prohibited Activities
As a user of our Services, you consent not to employ our Services to (or attempt to):
Violating Activities
Responding to Violations
Before taking action as detailed below, we will endeavor to notify you in advance whenever reasonably feasible, providing the rationale for our action and an opportunity for resolution, unless we reasonably determine that doing so would:
Reporting Violations
If you have valid grounds to assert that certain content originated from TextSpeakPro.com and violates any terms of this ToS, you may report it following the Moderation Policy outlined below.
Content Removal
Should we reasonably conclude that any of Your Content breaches these terms, violates applicable law, or poses harm to others or TextSpeakPro.com, we reserve the right to remove some or all of Your Content in compliance with applicable regulations. Examples include content facilitating human trafficking or harassment, terrorist content, and materials infringing upon someone else's Intellectual Property Rights.
Moderation Policy
Introduction: This section delineates our procedures for addressing illegal, harmful, or Terms of Service-violating content on our platform. We are committed to fostering a respectful, safe, and inclusive environment for all users. To achieve this goal, we have established guidelines for acceptable use and a mechanism for reviewing reported violations.
Purpose: The purpose of this policy is to clearly define unacceptable content on our platform and outline the actions we may take in response to such violations.
Content Restrictions: These encompass, but are not limited to:
Please refer to the Prohibited Activities section for a comprehensive list of content restrictions.
The Process:
Reporting: Users have the option to report any detrimental, unlawful, or Terms of Service-violating content or actions by submitting a comprehensive report to support@tpsworldwide.net. The report should contain a link to the objectionable content, allowing TextSpeakPro.com to verify if it was generated using our Services. Please be aware that requests for the removal of infringing content must adhere to the procedure outlined in the section titled "DMCA Notification" above.
Verification: Upon receipt of a report, TextSpeakPro.com will authenticate whether the content was created via the Services. If confirmed, TextSpeakPro.com will assess if the content breaches our Terms of Service or constitutes criminal or harmful conduct.
Action on Violations: In cases where the content is deemed criminal or infringing our Terms of Service, TextSpeakPro.com will notify the responsible user. Depending on the specific circumstances, TextSpeakPro.com may:
a) Remove the content and/or issue a warning to the user b) Permanently prohibit the user, preventing future account creation d) Inform relevant authorities if the content also constitutes a criminal offense.
Moderation Decision Method:
Severity: We consider the potential harm or actual harm that the content may cause. More severe violations warrant stricter measures.
Context: We evaluate the context in which the content is utilized. While certain content may be acceptable in specific contexts, it may not be suitable in others.
Intent: We ascertain whether the content was intended to inflict harm or resulted from inadvertence or lack of awareness.
Recurrence: We examine the user's past behavior on the platform. Users with recurrent violations may face more severe consequences.
Appeals: Users have the right to appeal any decision made by TextSpeakPro.com with five days of being notified of the violation. Upon receiving an appeal, TextSpeakPro.com will conduct a thorough review of the case. If the user provides a reasonable and sufficient explanation, TextSpeakPro.com may reinstate the content and the user's ability to use our Services.
Discretionary Authority: TextSpeakPro.com retains the ultimate decision-making authority regarding what content and conduct align with or breach our Terms of Service.
All users are accountable for their actions on the platform. By utilizing our Services, users consent to adhere to these regulations and acknowledge the repercussions of any violations.
By promoting responsible usage and establishing transparent consequences for detrimental behavior, we strive to cultivate a respectful and secure community for all users. We will periodically update this policy to address emerging issues related to harmful content or any other concerns. We encourage all users to stay informed about these guidelines and report any violations they encounter.
Suspension or Termination of Access to TextSpeakPro.com Services
TextSpeakPro.com reserves the right to suspend or terminate your access to the Services if any of the following occur:
If you believe that your account on our Service has been suspended or terminated erroneously, you can file an appeal.
You are always free to discontinue using our Services at any time.
EU Specific
If you are a Consumer based in the European Economic Area (EEA), you have the right to withdraw from these terms within 14 days of accepting them.
Using TextSpeakPro.com Services on Behalf of an Organization or Business
You may utilize the Site or Service as a Consumer or Business Customer. A "Consumer" is a natural person acting outside the scope of economic activity, while a "Business Customer" is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
To employ our Services on behalf of an Organization, an authorized representative of that Organization must consent to these Terms of Service. If you represent an Organization, the individual accepting these Terms of Service on your behalf warrants that they have the authority to bind you to these Terms of Service, and you agree to be bound by them.
Service-related Communications
To provide our Services to you, we may send you Service announcements, updates, and other pertinent information. For more information on how we communicate with you, please refer to our Privacy Policy.
EU & UK Specific
If you're a Consumer residing in the EU or UK, you are entitled to all legal rights granted to Consumers under applicable law.
EU Specific
For EU residents who have agreed to our Terms of Service, EU Consumer laws afford you a legal guarantee concerning the digital services we provide. This guarantee holds us responsible for any lack of conformity discovered during the "continuous" supply of digital content or services. Your national laws may extend this guarantee even further. To file a guarantee claim, please reach out to us at support@TextSpeakPro.com.
US Specific (warranty disclaimer)
While we continuously enhance our Services to meet your needs, it's important to clarify our stance on warranties for legal purposes. Unless explicitly stated in our Service-specific additional terms, we provide our Services without warranties, as outlined below:
THE SERVICES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE." YOUR USE OF THE SITE AND OUR OTHER SERVICES, IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICES, ANY SERVICE CONTENT, OR THE CONTENT OF ANY LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY ERRORS, MISTAKES, INFRINGEMENTS, PERSONAL INJURIES, INTERRUPTIONS, BUGS, OR VIRUSES TRANSMITTED THROUGH OUR SERVICES. FURTHERMORE, WE DISCLAIM LIABILITY FOR ANY PRODUCT OR SERVICE OFFERED BY THIRD PARTIES THROUGH OUR SERVICES.
Liabilities
For all users
US & UK Specific
These terms and the law aim to establish a balanced approach regarding claims between us and you in case of issues. While we can limit our liability for certain matters, others remain unrestricted.
These terms restrict our liability only to the extent permitted by law. We do not seek to limit our liability for fraud, fraudulent misrepresentation, or negligence resulting in death or injury.
Apart from the breaches mentioned above, TextSpeakPro.com is liable only for violations of these terms, subject to applicable law.
US Specific
To the extent permitted by law, TextSpeakPro.com is liable solely for breaches of these terms or relevant Service-specific additional terms.
TextSpeakPro.com is not liable for:
You agree to indemnify, defend, release, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any claims arising from the use, processing, and storage of the audio, input text, and settings you share with our services.
Furthermore, you accept full legal responsibility for any intellectual property infringement claims against us resulting from any of Your Content that you do not own or are not authorized to provide to us.
We bear no responsibility for statements or representations in your Uploaded Files and Generated Content. You are solely liable for the Files you Upload and Content you Generate using our Service, and you agree to release us from any legal action regarding your Generated Content.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. OUR LIABILITY TO YOU WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS MAY GRANT YOU ADDITIONAL RIGHTS. INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM YOUR UTILIZATION OF THE SITE AND/OR OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING, EVEN IF ADVISED OF THE POSSIBILITY THEREOF: (1) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, INFORMATION, OR SERVICES; (2) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING OUR SERVICES, OR ANY CONTENT (OR INFORMATION) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (3) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, ARISING FROM THE USE OF OUR SERVICES; (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND UTILIZATION OF OUR SERVICES; (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SECURE SERVERS, AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (6) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; AND/OR (7) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE (INCLUDING THE SECTION BELOW TITLED “ARBITRATION RELIEF”), OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ARISING OF ANY CAUSE OF ACTION. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS MAY NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
EU Specific
We bear full liability for damages resulting from intentional acts or gross negligence.
In cases of slight negligence, our liability is limited to breaches of fundamental duties that endanger the purpose of the contract or infringe duties essential for contract performance, upon which you typically rely. In such instances, we are only liable for foreseeable damages at the time of service delivery.
We shall not be liable in the following circumstances: (i) failure to perform our duties due to events beyond our reasonable control, such as acts of God, terrorism, civil unrest, war, fires, power outages, or epidemics; or (ii) initial defects without fault (§ 536a (1) of the German Civil Code (BGB)).
If our liability is restricted or void under these terms, the same applies to the personal liability of our employees, legal representatives, and performance assistants.
These liability restrictions do not apply to cases involving loss of life, bodily harm, health issues, product warranties, fraudulent concealment of defects, or under the German Product Liability Act (Produkthaftungsgesetz).
Our liability for data loss is limited to the cost that would have been incurred to restore properly and regularly backed-up data.
In contrast, the following applies to users of free plans: We are not obligated to rectify service defects. If harm results from a defect, we are only liable if we deliberately concealed it. Otherwise, our liability is limited to intentional acts and gross negligence.
For Business Customers and Organizations
US Specific
Despite any provisions to the contrary in these Terms of Service, if you are a Business Customer or Organization:
To the extent permitted by applicable law, you agree to indemnify TextSpeakPro.com, its directors, officers, employees, and contractors against any third-party legal proceedings (including government actions) arising from your unlawful use of the Services or violation of these terms or Service-specific additional terms. This indemnity covers liability and expenses arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
If you are legally exempt from certain responsibilities, including indemnification, those obligations do not apply to you under these terms. For instance, the United Nations enjoys certain immunities from legal obligations, which these terms do not override.
Except as stated in the "Arbitration Relief" section below, TextSpeakPro.com's total liability under these terms is limited to the greater of (1) $200 or (2) the fees paid for the relevant Services in the 12 months preceding the dispute.
EU & UK Specific
If you're a Business Customer or Organization:
To the extent permitted by applicable law, you agree to indemnify TextSpeakPro.com, its directors, officers, employees, and contractors against any third-party legal proceedings (including government actions) arising from your unlawful use of the Services or violation of these terms or Service-specific additional terms. This indemnity covers liability and expenses arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
If you are legally exempt from certain responsibilities, including indemnification, those obligations do not apply to you under these terms. For instance, the United Nations enjoys certain immunities from legal obligations, which these terms do not override.
TextSpeakPro.com will not be liable for:
TextSpeakPro.com's total liability under these terms is limited to the greater of (1) €500 or (2) 100% of the fees paid for the relevant Services in the 12 months preceding the breach.
Handling Data Requests
Respecting the privacy and security of your data is paramount in our response to data disclosure requests. For more information, please refer to our Privacy Policy.
Text Messaging
You consent to receiving text (SMS) messages from TextSpeakPro.com and its representatives at the phone number you provide. These messages may contain operational updates regarding your use of the Service. Standard data and message rates may apply, as determined by your carrier, for sending or receiving such messages. IF YOU PREFER TO STOP RECEIVING TEXT MESSAGES FROM TEXTSPEAKPRO.COM, YOU CAN EMAIL support@tpsworldwide.net WITH THE SUBJECT LINE “SMS OPT OUT”. HOWEVER, PLEASE NOTE THAT OPTING OUT OF ALL MESSAGES MAY AFFECT YOUR USE OF THE SERVICE. While we process your request, you may continue to receive text messages for a brief period, including a confirmation message acknowledging your opt-out request.
Resolving Disputes, Governing Law, and Courts
US Specific
The following provisions apply if you are a resident of the United States of America:
Dispute Resolution and Arbitration
In general, you and TextSpeakPro.com agree to resolve all disputes arising from these Terms of Service, the Services, or communications from us through binding arbitration. Arbitration employs a neutral arbitrator instead of a judge or jury, is less formal than court proceedings, may involve more limited discovery, and is subject to minimal court review. This arbitration agreement encompasses all claims, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, regardless of whether the claim arises during or after these Terms of Service are terminated. Any dispute concerning the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THESE TERMS OF SERVICE, YOU AND TEXTSPEAKPRO.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions
Although we agree to arbitrate most disputes, these Terms of Service do not waive, preclude, or limit either party's right to: (a) pursue an individual action in small claims court; (b) seek enforcement through a relevant federal, state, or local agency; (c) obtain injunctive relief in a court of law to support arbitration; or (d) file a lawsuit in a court of law to address an intellectual property infringement claim.
Opt-Out
If you prefer not to resolve disputes through binding arbitration, you may opt out of the arbitration provisions within 30 days of accepting these Terms of Service by sending a letter to Republic Registered Agent LLC Attn: TPS Worldwide, LLC, 3101 N Central Ave, Suite 183, Phoenix, AZ 85012. Your opt-out request must include your full legal name, the email address associated with your Service account, and a statement expressing your desire to opt out of arbitration. Once TextSpeakPro.com receives your opt-out request, the arbitration provisions will be void, and any disputes will be resolved as described in the "Governing Law" section below. Your opt-out will not affect the validity of the remaining provisions of these Terms of Service.
Arbitrator
This arbitration agreement and any arbitration between us are governed by the Federal Arbitration Act and administered by JAMS under its rules for consumer disputes (“JAMS Rules”) as modified by these Terms of Service. The JAMS Rules and filing forms are accessible online at www.jamsadr.com, by calling +1-800-352-5267, or by contacting TextSpeakPro.com at support@tpsworldwide.net.
Initiating Arbitration
Before commencing arbitration, one party must send written notice of the dispute to the other party via certified U.S. Mail, Federal Express (with signature required), or, if the other party has not provided a current physical address, via email (“Arbitration Notice”). TextSpeakPro.com’s address for Arbitration Notice is: Republic Registered Agent LLC, Attn: TPS Worldwide, LLC, 3101 N Central Ave, Suite 183, Phoenix, AZ 85012 The Arbitration Notice must include: (a) the name or account number of the claiming party; (b) a description of the nature and basis of the claim or dispute; and (c) the specific relief sought (“Demand”). The parties must attempt to resolve the dispute directly, but if no agreement is reached within 30 days of receiving the Arbitration Notice, either you or TextSpeakPro.com may initiate arbitration. If you commence arbitration as provided in these Terms of Service, TextSpeakPro.com will cover the filing fee, unless your claim exceeds US$10,000 or TextSpeakPro.com has received 25 or more similar arbitration demands, in which case fee payment will be determined by the JAMS Rules. If the arbitrator deems either the claim or the relief sought in the Demand to be frivolous or brought for an improper purpose (as defined by Federal Rule of Civil Procedure 11(b)), fee payment will be governed by the JAMS Rules, and the other party may seek reimbursement for any fees paid to JAMS.
Arbitration Proceedings
The arbitration hearing will occur in your county and state of residence unless agreed otherwise or, for claims of US$10,000 or less (not seeking injunctive relief), you may select: (a) a document-based arbitration; (b) a telephonic or video hearing; or (c) an in-person hearing as outlined by the JAMS Rules in your county (or parish) of residence. During arbitration, neither party shall disclose any settlement offers to the arbitrator until after a final decision and award, if any, is made. Regardless of the arbitration method, the arbitrator must provide a reasoned written decision explaining the essential findings and conclusions forming the basis of the decision and award, if any.
Arbitration Relief
Subject to the section below titled "No Class Actions," the arbitrator may grant any relief available in a court of law for such claims. If the arbitrator awards you an amount exceeding TextSpeakPro.com's last written settlement offer before arbitration, TextSpeakPro.com will pay you the higher of: (a) the arbitrator's award; or (b) US$10,000. The arbitrator’s decision is final and binding on all parties, except for (1) judicial review allowed by law or (2) if injunctive relief is awarded, in which case the affected party may seek judicial review in a court not bound by the arbitrator's legal conclusions.
No Class Actions
Both parties agree to bring claims against each other only in their individual capacity and not as part of any class or representative action. Additionally, unless mutually agreed otherwise, the arbitrator may not consolidate multiple claims or oversee any form of representative or class proceeding.
Modifications to this Arbitration Provision
Should TextSpeakPro.com make any substantive changes to this arbitration provision, you may reject the change by sending written notice within 30 days of the change to TextSpeakPro.com’s address for Arbitration Opt-Out, after which your account will be terminated and the prior arbitration provision will remain in effect.
Enforceability
If the section titled "No Class Actions" or the entirety of this Arbitration Clause is deemed unenforceable, or if TextSpeakPro.com receives an Opt-Out Notice from you, then the entire Arbitration Clause will be void, and the exclusive jurisdiction and venue described in the section below titled "Governing Law" will govern any related legal actions.
Governing Law
These Terms of Service are governed by the laws of your country of residence if you are a resident of or an Organization based in the European Economic Area (EEA) or Switzerland, or English law if based in the United Kingdom. Legal disputes may be filed in your local courts if you are an EEA-based Consumer or in the English courts if based in the UK.
EEA instructions on withdrawal
Contact TextSpeakPro.com to withdraw from these terms
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us at:
Republic Registered Agent LLC
Attn: TPS Worldwide, LLC
3101 N Central Ave, Suite 183
Phoenix, AZ 85012
Withdrawal from this Agreement
You can withdraw from this contract by providing a clear statement of your decision (e.g., via post or email). While you may use the provided model withdrawal form (linked below), it's not mandatory.
To meet the withdrawal deadline, you need to send your withdrawal statement before the withdrawal period ends.
Effects of Withdrawal
If you withdraw from this contract, we will refund all payments received from you (if applicable), including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), promptly and no later than 14 days from the day we receive your withdrawal notice. We will issue the refund using the same payment method you used for the initial transaction, unless you explicitly agree otherwise. You won’t incur any fees for the reimbursement.
If you requested the Services to start during the withdrawal period, you must pay us a proportionate amount for the Services provided up to the point you inform us of your withdrawal compared to the total coverage of the contract.
Your right to withdraw from this Agreement ends prematurely if we begin providing the Services to you during the withdrawal period with your express agreement and confirmation of your awareness that you'll lose your right to withdraw once the Services commence.
Model Withdrawal Form
[Insert Name/Names] hereby notify that [I/We] withdraw from the contract for the provision of the following service [Insert Service Details],
Ordered on/received on [Insert Date],
Name(s) of Consumer(s),
Address(es) of Consumer(s),
[Signature(s) of Consumer(s) - if submitted on paper],
Date
Modification of Terms
We reserve the right to modify these Terms of Service periodically. Please review them regularly for updates. Changes become effective immediately, except for material revisions, which will be effective 30 days after posting or notice to you unless stated otherwise. Your continued use of the Services after modifications constitutes acceptance of the updated Terms. If you disagree with the changes, you should discontinue using the Services.
General Terms
These Terms of Service, including the Privacy Policy and any Service-specific agreements, constitute the entire agreement between you and TextSpeakPro.com regarding the Services. If you have a separate agreement with TextSpeakPro.com for Services, it supersedes these Terms. In case of conflict between these Terms and a Service-specific agreement, the latter prevails. You may not transfer these Terms or your rights without our consent, while we may assign them without notice. Failure to enforce any provision doesn’t waive our right to enforce it later. If any part of these Terms is invalid, the rest remains in effect.
Definitions
Affiliate: An entity within the TextSpeakPro.com group of companies, including TPS Worldwide LLC and subsidiaries.
Business Customer: A person or entity acting commercially or in a professional capacity when entering into a legal transaction.
Consumer: An individual not acting in an economic capacity.
Copyright: Legal rights granting creators control over the use of their original work.
Disclaimer: Statement limiting legal responsibilities.
TextSpeakPro.com (also we, us, and/or our) - TPS Worldwide LLC, a company incorporated in Arizona, United States with
address at Republic Registered Agent LLC
Attn: TPS Worldwide, LLC, 3101 N Central Ave, Suite 183, Phoenix, AZ 85012, United States), and its
affiliates.
Generated Material / Material you Generate - the audio content produced by a user using our Services,
including all the text you input
Indemnification or Indemnify - an individual or organization's contractual obligation to compensate for the losses suffered by another individual or organization from legal proceedings such as lawsuits
Intellectual Property Rights - rights over the creations of a person's mind, such as inventions (patent rights); literary and artistic works (Copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks), and any and all other similar proprietary rights or other rights typically understood to be intellectual property rights. IP rights may belong to you, another individual, or an Organization
Responsibility - losses from any type of legal claim, whether based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen
Organization - a legal entity (such as a corporation, a non-profit, or a school) and not an individual person
Service, Services - any of the following services offered by TextSpeakPro.com:
Platform - https://TextSpeakPro.com
Text-to-Speech - our text-based speech generation tool that allows you to convert written text into spoken audio
Dubbing, AI Dubbing, Voice Translation- our service that allows you to synthesize voice recordings or soundtracks to produce recordings of voice-over dubbing in a different language that sound like a Speaker. A "Speaker" is a person (including you) who has given the necessary licenses, rights, consents, releases and permissions to use recordings of their voice to train our software and models and to synthesize and otherwise use their voice for the purposes of synthesizing speech.
Trademark - symbols, names, and images used in commerce that are capable of distinguishing the goods or services of one individual or organization from those of another
Uploaded Materials / Materials you Upload - any material uploaded by a user or text input on the TextSpeakPro.com platform
Guarantee, assurance - an assurance that a product or service will perform to a certain standard
Your Material - files, materials, data, and other content that you create, upload, submit, store, send, generate, or receive using our Services
Your Contributions - all feedback, suggestions, and input you provide to the platform and in your communications with us
Contact Us
To address a complaint regarding the Platform or to receive further information regarding the use of our Services, please reach out to us at:
Republic Registered Agent LLC Attn: TPS Worldwide, LLC 3101 N Central Ave, Suite 183 Phoenix, AZ 85012
Qualifications & Terms
To use our services and generate text to voice from the Voice Library, you must adhere to (and continue to meet) the following criteria:
This Addendum does not waive or limit any rights or protections under personal data protection and privacy laws. For more information on our use of personal data, consult our Privacy Policy.
You agree to collaborate with us, act in good faith, and exercise your rights responsibly.
To the maximum extent permitted by law, we retain the right to assess and remove any voice model available in the Voice Library at our sole discretion, at any time, with or without prior notice to you, as outlined in the Terms of Service.
TextSpeakPro.com cannot assure engagement or usage by other users of our Services. Past performance is not indicative of future outcomes. Any predictions or descriptions of potential characters or earnings derived from the Voice Library are purely illustrative, not contractual commitments, and should not solely influence your decisions when using our services.
We may introduce additional Programs offering you the chance to earn characters or revenue by sharing your voice model on our platforms periodically. This Addendum may be updated to incorporate terms and conditions governing those new Programs. Your utilization of any such new Program is contingent upon your acceptance of the latest version of this Addendum.
Additionally, we reserve the right to terminate, discontinue, or update any of our Programs, including in the event of serious breaches of these Terms, at our sole discretion, with or without prior notice to you, to the fullest extent permitted by applicable law. Each Program may entail additional terms, which may be presented to you upon commencement or at any time during your participation in such Program. We bear no liability for any damages, losses, or costs incurred by you resulting from our termination, discontinuation, or modification of any of our Programs, or from the termination of your involvement in them for any reason, to the fullest extent permitted by applicable law.
THE VOICE LIBRARY AND OUR SHARING PROGRAMS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL IMPLIED WARRANTIES THERETO. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND ACCEPT THAT THESE PROGRAMS MAY CONTAIN ERRORS, MAY NOT FUNCTION AS EXPECTED, MAY NOT GENERATE THE EXPECTED AMOUNT OF REVENUE (INCLUDING ANY ESTIMATED AMOUNTS THAT MAY BE PRESENTED TO YOU FROM TIME TO TIME THROUGH THE SERVICES), AND MAY BE INTERRUPTED OR UNAVAILABLE AT ANY TIME.
You are responsible for reporting and remitting any applicable taxes on revenues generated through the Services. We may withhold fees from your earnings for tax purposes, as required by law. You agree to collaborate with us to provide any additional information necessary to receive payments or comply with applicable laws.
To the fullest extent permitted by law, you agree to indemnify and hold us harmless from and against any claims, costs, or expenses (including reasonable legal fees and costs) arising from or related to: (a) your breach of this Addendum or our general Terms of Service; (b) your failure to comply with applicable tax regulations; (c) any uses of the voice models you share through our Services permitted by this Addendum and our general Terms of Service; and (d) your use of our Services, including any of our technology used to provide the same.
You are not an employee or member of TPS Worldwide LLC or any of its affiliates, and your participation in any of our Programs does not establish an employment contract, partnership, or agency relationship.
Get in Touch
For inquiries, reach out to our team by emailing us at support@tpsworldwide.net.
To opt out of having Your Content utilized by us for enhancing our Services and models, email us directly and be very specific with this request. Your Content will be excluded from materials utilized to enhance our Services and models starting from the date your request is processed by our team. Your opt-out request applies going forward, meaning we will cease using Your Content to improve our Services or models after processing your request, though it does not affect any previous uses (or materials resulting from previous uses) of Your Content.
AI Safety
Introduction
At TextSpeakPro.com, our foremost concern is ensuring the safe development, deployment, and utilization of our systems. In the past year, our AI voices have been employed in various capacities, from narrating audiobooks and delivering news articles to animating video game characters, aiding in film pre-production, enabling language localization in entertainment, and crafting dynamic voiceovers for social media and advertising. Additionally, they've been instrumental in restoring voices to individuals who have lost them and assisting those with accessibility needs in their daily lives. While these instances underscore the positive potential of AI, addressing and mitigating associated risks is paramount to fully realizing its transformative power. We firmly believe that AI safety is integral to innovation, and we outline our safety protocols below:
Safety Measures
To enhance transparency, we analyze data to determine if the generated speech originated from TextSpeakPro's AI. Our objective is to combat misinformation by facilitating easier identification of audio content sources.
We employ technical solutions to detect and address problematic and harmful content that violates our terms of service. These include hate speech, self-harm, sexual abuse, fraud, and scams. Our efforts to moderate content are ongoing, with continual testing of new methods to counter misuse, such as the creation of political content that may influence democratic processes or mislead voters.
While our terms already prohibit impersonation or harm, we seek to identify and prevent the creation of voice clones and are refining it through practical testing and feedback.
We extend an invitation to fellow AI companies to collaborate with us in establishing a comprehensive approach to AI content detection. For partnership or integration inquiries, please contact us at support@tpsworldwide.net.
Reporting Concerns
To report concerns regarding content created on our platform, please email us at support@tpsworldwide.net.
Response to Misuse
In accordance with our terms and community guidelines, we take appropriate action against violations, including warnings, voice removal, account bans, and, when warranted, reporting to authorities.
Cooperation with Regulatory Agencies
As part of our commitment to Trust and Safety, TextSpeakPro will cooperate with governmental authorities, including law enforcement agencies. This may involve reporting or disclosing information about abusive or illegal content, as well as responding to lawful inquiries from authorities.
User Data Handling
We handle user data in accordance with our Privacy Policy and Terms of Service. Disclosure of user data occurs consistent with these terms and applicable laws. We comply with lawful non-emergency disclosure requests accompanied by appropriate legal process.
Contact Information for Legal Requests
For legal requests in the United States, email support@tpsworldwide.net
For legal requests in the EU, email support@tpsworldwide.net. We accept legal processes in English only, and international requests may require submission through a Mutual Legal Assistance Treaty.
Opting Out of Content Usage
To opt out of your content being used to enhance our services and models, email us at support@tpsworldwide.net Your opt-out request applies going forward, meaning we won't use your content for improvement purposes after processing your request, but prior uses remain unaffected.