Updated 9 May 2024
The purpose of these Terms of Service is to determine what you can expect from us and what we expect from you.
These Terms of Service define Hellogram.ai’s relationship with you. They outline the laws that apply to us as a service provider and set out some rules for interacting with our Services that we ask you to follow. Below you’ll find an overview of the sections contained in these terms and what they are about:
We strongly encourage you to read these terms because by accessing any of our Services, you confirm that you have read, understood, and agreed to be bound by these Terms of Service.
By its very nature, AI-generated content is probabilistic and not always factual, and there is near universal consensus that responsible use of AI includes fact-checking prompted outputs before using or sharing them.
Due to the nature of machine learning, the content you generate using our Services may not be unique across users and the Services may generate the same or similar output for Hellogram.ai or a third party. For example, you may provide input to a model such as "Hello, my name is Bob." and receive audio output of these words spoken. Other users may input similar text and character and receive the same response. Responses that are requested by and generated for other users are not considered Your Content.
By accessing any of the Services, you also agree to be bound by our Privacy Policy, which is incorporated in these Terms of Service by reference. We equally encourage you to read our Privacy Policy to know how we handle your information when you use our Services.
Except for certain kinds of disputes described in the section below titled “Dispute Resolution and Arbitration,” you agree that disputes arising under these Terms of Service will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND Hellogram.ai ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The law gives you certain rights that can’t be limited by a contract like these terms of service and we do not intend to limit those rights in any way.
These terms outline the relationship between you and Hellogram.ai. They do not create any legal rights for other people or Organizations, even if others benefit from that relationship under these terms.
Not all Services mentioned in these terms may be available in your country.
If you don’t follow these terms and we don’t take action immediately, that doesn’t mean that we’re giving up any rights that we may have, such as taking action in the future.
We may update these terms to reflect changes in our Services or how our business works. For example we may update these terms:
If you don’t agree to the new terms you should remove Your Content and stop using our Services. You can also end your relationship with us at any time by closing your account.
There may be information on our Site that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any information on our Services without prior notice.
These terms apply to all users. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, this will not affect the validity of any other terms. Specific provisions relevant for residents of the US, EU and UK are provided where relevant.
You must be at least 18 years of age to use the Services.
These terms establish your relationship with us. In general, we give you permission to use our Services if you agree to follow these terms which set out how our Services work and how we earn money from them. When we speak of “Hellogram.ai”, “we”, “us”, and “our”, we mean Eleven Labs Inc. and its Affiliates. When we speak of our Service or Services we mean the features and functionality we provide, among them text-based speech generation, character cloning and character Design.
We constantly develop our technology and features to improve our Services. As part of this we may add or remove features, modify usage limits, as well as offer new services or end those previously offered. We may also make changes to our Services to:
We will also update our Services to comply with relevant laws and regulations. You can expect us to meet the legal safety standards. We may also automatically update our Services to counter high safety or security risks.
Our Service is provided on an as-is and as-available basis. We continuously update our Services and we do our best to keep them working as expected. However, due to the nature of machine learning and other factors, we cannot guarantee our models will always produce the output you intended - your Generated Content can sometimes contain errors, mispronunciations and unintended artifacts.
We may monitor our Services for violation of these terms and we may take appropriate action against anyone who, in our judgment, violates the law or these terms. For example we may refuse or restrict access (including but not limited to blocking certain IP addresses) to our Services and the Files you Upload to it, and we may also take other actions aimed at protecting our rights or property or to facilitate the proper functioning of our Services.
To avoid any doubt, we claim no Intellectual Property Rights over the Files you Upload or the Content you Generate using our Services, including the recordings of your own character, and we will not use the Files you Upload to independently generate any content. We will also not use any of your Generated Content without your permission for purposes other than listed in ”License and your Intellectual Property” section below.
We will use the Content you Upload to perform our Services and we may use this content to improve our Services and models. We store and process your Files with security measures in place to prevent unauthorized users from having access to them. The Files you Upload are processed automatically and they can be deleted at your request but they cannot be returned to you (we do not offer a data storage service). If we do provide such a service in the future there may be a financial charge to return them to you.
To opt out of Your Content being used by us to improve our Services and models, please email us at admin@Hellogram.ai.pro. Your Content will be removed from the materials we use to improve our Services and models from the date your request will have been processed by our team. Your opt out request applies on a going-forward basis. This means that we will not use Your Content to improve our Services or models after the date we process your request, but this does not affect any uses of (or materials resulting from uses of) Your Content prior to that date.
We cannot guarantee our Site or Services will be available at all times. We may experience hardware, software, or other problems and we may also need to perform maintenance related to our Services which may result in interruptions, delays or errors. We may also need to modify, suspend or stop offering our Services without notifying you.
For users subscribed to plans that are free of charge we reserve the right to modify, suspend or stop offering our Services for any reason and without notice.
For users subscribed to paid plans: we will notify you in advance of making changes to our Services which may adversely impact your use of them.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection with our Services
If you’re an EEA-based Consumer, you can also withdraw from these terms within 14 days of accepting them. Please see EEA Instructions on Withdrawal for more specific information.
In general, we give you permission to use our Services if you agree to follow these terms.
Although we give you permission to use our Services, we reserve our Intellectual Property Rights that we have in them. This includes, for example, all source code, technical capability for speech synthesis, character cloning or character design, databases, functionality, software, technology, videos, website designs, text and graphics contained in our Services, as well as their design and arrangement. This also includes our trademarks, trade names and logos. We ask you not to copy, reproduce, republish, upload, publicly display, distribute, sell, license or use any parts of our Services described above for commercial purposes. You must not use any part of our Services or their output to research and develop products, models and services that compete with Hellogram.ai.
Provided you have the necessary Intellectual Property Rights in the Content you Generate with our Services, you may use this Generated Content for commercial purposes.
We want to maintain a respectful and safe environment for all users and we ask you to follow these basic rules of conduct when using our Services:
By using our Services, you confirm that:
See below for more information on prohibited activities.
In general, our Services let you upload audio files and generate audio content. But you do not have to provide any files to our Services and you are free to choose the files that you want to upload. If you choose to upload files with the intention of sharing the Content you Generate using those Files, please make sure you have the necessary rights to do so and that you share your Generated Content lawfully.
Your Content is yours and you retain the Intellectual Property Rights that you have in Your Content. This includes both the Files you Upload to our Services and the Files you Generate using our Services. We need your permission if your Intellectual Property Rights restrict our use of Your Content. You hereby grant us a license to use, 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).
This license covers Your Contributions and Your Content.
This license allows us to use, host, store, display, reformat, archive, cache, disclose, reproduce, distribute, perform, display, transmit, and otherwise exploit Your Content and Your Contributions — for example, to perform our Services, to save Your Content and Your Contributions on our systems and make it accessible from anywhere you go.
This license is for the limited purpose of:
This license is perpetual, sublicensable, world-wide and royalty-free and, except as otherwise set forth in these Terms of Service, irrevocable.
If your Uploaded Content contains personal data of EU citizens, you are responsible and accountable for this data as a controller according to the General Data Protection Regulation. You authorize Hellogram.ai to process this data on your behalf by hosting your enrolled data. You also authorize Hellogram.ai to engage other parties as processors. We process your Uploaded Content according to these Terms.
If you are a EU or UK citizen this license should not prevail over your right to opt out from certain purposes of personal data processing, as specified in our Privacy Policy.
In order to use certain features of our Services, you may be required to register with our Services and create a user account by providing an email address and a password. As an alternative way to register, you may use your existing Google / Facebook account. By clicking “Sign up” and ticking the checkbox confirming you agree to these Terms of Service, you agree to be bound by these terms.
If you further choose a paid subscription, you will be asked to provide your payment information. By providing this information you grant us the right to charge our fees for performing the Services covered in your subscription. Other than this, the registration is free of charge. We will accept your offer by sending you a confirmation email or by providing the Services to you.
You must keep your password confidential and you will be responsible for all use of your account and password. You are not allowed to pass on or to resell access to your account to others.
By uploading any of Your Content to our Services, you confirm that you are either the owner of Your Content or that you have the necessary rights and permissions to upload and use (and to enable us to receive and use) Your Content as contemplated by these Terms of Service.
For example, if you upload somebody’s character recording to our Services, you represent and warrant that you have permission from the character owner to clone and synthesize their character. Only you are responsible for securing these rights and permissions.
We ask that the content generated using our Services by users subscribed to free plans and by non-signed-up users be attributed to Hellogram.ai when published outside of our platform by including [Hellogram.ai.io] or [11.ai] in the description.
Among other Services, we provide a character Cloning Service that allows you to use our technology to synthesize character recordings that sound like a Speaker by typing new words ("Cloned character"). A “Speaker” is a person (including you) who has given the necessary licenses, rights, consents, releases and permissions to use recordings of their character to train our software and models and to synthesize and otherwise use their character for the purposes of synthesizing speech.
To avoid any doubt, by Uploading Files to our Services, you confirm that:
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 Designated Agent at the following address:
admin@Hellogram.ai.pro
If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
Your Notification of Claimed Infringement may be shared by Hellogram.ai with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Hellogram.ai making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Hellogram.ai’ policy is to: (a) remove or disable access to material that Hellogram.ai believes in good faith, upon notice from an Intellectual Property Rights owner or authorized agent, is infringing the Intellectual Property Rights of a third party by being made available through the Services; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Services by any user who repeatedly or egregiously infringes other people’s copyright or other Intellectual Property Rights.
If you receive a notification from Hellogram.ai that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Hellogram.ai with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Hellogram.ai’ Designated Agent through one of the methods identified in in the “DMCA Notification” section above, and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
If you submit a Counter Notification to Hellogram.ai in response to a Notification of Claimed Infringement, then Hellogram.ai will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Hellogram.ai will replace the removed User Content or cease disabling access to it in 10 business days, and Hellogram.ai will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Hellogram.ai’ Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Hellogram.ai’ system or network.
The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Hellogram.ai] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Hellogram.ai reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
We do not proactively monitor Your Content on our Services. You are responsible for the Files you Upload and generate using our Services. We may be required to take action if we find that Your Content violates the law or these terms.
As a user of our Services, you agree not to use our Services to (or to attempt to):
Before taking action as described below, we will inform you in advance when reasonably possible, give the reason for our action and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
If you have a justified reason to claim that some of the content originated with Hellogram.ai and breaches some of the terms of this ToS you can report it following the Moderation Policy below.
If we reasonably believe that any of Your Content breaches these terms, or violates applicable law, or could harm others, or Hellogram.ai, then we reserve the right to take down some or all of Your Content in accordance with applicable law. Examples include content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s Intellectual Property Rights.
Introduction: This section outlines our policy for taking action when Your Content is illegal, harmful, or violates our platform's Terms of Service. We are committed to fostering a respectful, safe, and inclusive environment for all users. To achieve this, we have established guidelines for acceptable use and a process for reviewing reported violations.
Purpose: The purpose of this policy is to clearly delineate unacceptable content on our platform and specify the actions we may take in response to a violation.
Content Restrictions: Those include but are not restricted to:
Please check the Prohibited Activities section for the full list of content restrictions.
The Procedure:
All users are responsible for their own behavior on the platform. By using our Services, users agree to abide by these rules and accept the consequences of any violations.
By promoting responsible use and establishing clear consequences for harmful behavior, we aim to foster a respectful and safe community for all users. We will periodically update this policy to address emerging forms of harmful content or any other concerns. All users are encouraged to stay informed about these guidelines and report any violations they encounter.
Hellogram.ai reserves the right to suspend or terminate your access to the Services or delete your Hellogram.ai Account if any of these things happen:
If you believe your account on our Service has been suspended or terminated in error, you can appeal.
You’re always free to stop using our Services at any time.
If you’re an EEA-based Consumer, you can also withdraw from these terms within 14 days of accepting them.
You may use the Site or Service as Consumer or Business Customer. “Consumer” is a natural person who is acting outside the scope of an economic activity and a “Business Customer” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
To use our Services on behalf of an Organization an authorized representative of that Organization must agree to these Terms of Service. If you are an Organization, the individual accepting these Terms of Service on your behalf represents and warrants that they have authority to bind you to these Terms of Service and you agree to be bound by these Terms of Service.
To provide our Services to you, we may send you Service announcements, updates and other information. To learn more about how we communicate with you, see our Privacy Policy.
If you subscribe to a paid plan, you will be charged monthly upfront, starting on the day you subscribe. The exact price will be based on the current price information shown on our pricing page. Prices exclude VAT and other applicable taxes unless otherwise stated. Prices including applicable VAT and other relevant taxes are indicated at check-out.
You may terminate your subscription for convenience at any time until the end of your current billing period.
Your plan’s monthly limits (number of characters, uploads etc.) must be used during the applicable term. Any unused limits do not transfer over to the next month.
Your character limit will decrease with each generation by the character cost displayed.
For subscribers to the 'Creator' plan and above - our Service lets you go over the character limit specified in your subscription plan. To do this you must allow “usage-based” billing in your subscription page. “Usage-based” billing offers a fixed price for each additional 1000 characters over your limit. This fixed usage-based price differs depending on your subscription plan. The additional characters are billed at the end of the billing cycle, and when the outstanding balance exceeds 2 times the subscription price.
If you go over this limit and decide to upgrade or downgrade your subscription, you will be immediately charged for this outstanding “usage-based” balance, as well as for the price of your new chosen subscription plan.
If you decide to upgrade your plan then your unused characters from the previous plan will transfer to your new plan. If you downgrade your subscription, your unused characters will not be transferred.
If you subscribed to an Enterprise plan and you request a refund of your most recent payment within the last 30 days, please do let us know by email to your account representative within our company.
You are eligible for a refund if a request is filed within 14 days of payment and no character quota was used in the period for which you are seeking the refund.
Both the law and these Terms of Service may give you the right to a certain quality of service, and ways to fix problems if things go wrong.
If you’re a Consumer based in the EU and UK, then you enjoy all legal rights granted to Consumers under applicable law.
If you are based in the EU and you have agreed to our Terms of Service, then EU Consumer laws provide you with a legal guarantee covering the digital services that we provide you. Under this guarantee, we’re liable for any lack of conformity that you discover at any time during the “continuous” supply of digital content or services.
Your national laws may provide an even longer guarantee. If you want to make a guarantee claim, please contact us at legal@Hellogram.ai.io
We’re continuously improving our Services to meet your needs. However, for legal purposes, we offer our Services without warranties unless explicitly stated in our Service-specific additional terms. The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it:
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR OTHER SERVICES, INCLUDING THE character CLONING SERVICE, WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO FROM ANY SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES, CONTENT ORMATERIALS, (2) INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE character CLONING SERVICE, BY YOU, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (7) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
These terms and the law attempt to strike a balance as to what you can claim from us and what we can claim from you in case of problems. We can limit our liability for certain things but not for others.
These terms limit our liability only to the extent allowed by the law. These terms do not aim to limit our liability for fraud, fraudulent misrepresentation or death or injury caused by negligence or willful misconduct.
Other that the breaches named above, Hellogram.ai is liable only for our breaches of these terms, subject to applicable law.
To the extent allowed by law, Hellogram.ai is only liable for its breaches of these terms or applicable Service-specific additional terms.
Hellogram.ai is not liable for:
You agree to indemnify, defend, release, and hold us harmless including our subsidiaries, Affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses from any claims made by any natural person or other third party in connection with the use, processing and storage of the Files you Upload to our Services.
You also agree to accept full legal responsibility for, and pay any and all royalties, penalties, fees, or damages awards resulting from, any claims of intellectual property infringement brought against us by others resulting from any of Your Content that you do not own or are not otherwise authorized to provide to us
We are not liable for any statements or representations in your Uploaded Files and Generated Content. You are solely responsible for the Files you Upload to and Content you Generate using our Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us 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, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE AND/OR OUR SERVICES, INCLUDING THE character CLONING SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING EVEN IF ADVISED OF THEIR POSSIBILITY: (1) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, INFORMATION OR SERVICES; (2) ANY LOSS, DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE character CLONING SERVICE, OR ANY CONTENT (OR INFORMATION) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; (3) ANY LOSS, DAMAGE OF ANY KIND INCURRED AS A RESULT OF INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE character CLONING SERVICE; (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SECURE SERVERS AND/OR ANY AND ALL 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 THE LIKE WHICH 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, 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 DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We are unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence.
In cases of slight negligence, we are only liable if we have infringed a fundamental duty and if the purpose of the contract is threatened thereby or if we have infringed duties that have to be fulfilled for the duly contract implementation and if you generally rely on the fulfillment of these duties. In the aforementioned cases, we are only liable for typical, foreseeable damages at the time the respective Service was performed.
We will not be liable hereunder (i) by reason of any failure to timely perform our duties hereunder due to an event beyond our reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics or (ii) for initial defects without fault (§ 536a (1) German Civil Code (BGB))
If we are not liable or our liability is restricted hereunder, this also applies to the personal liability of our employees, legal representatives, and assistants in performance.
The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects by us, our legal representatives or assistants in performance or under the German Product Liability Act (Produkthaftungsgesetz).
We are liable for the loss of data only up to the amount that would have been incurred to restore the data if it had been properly and regularly backed up.
In deviation from the foregoing, the following shall apply to you as a user of a free plan: We are not obligated to remedy a defect in the Service. If you suffered harm from a defect, we owe damages only if the defect was wilfully concealed by us. Otherwise, our liability is limited to intention and gross negligence.
We are not obligated to remedy a defect in the Service. If you suffered harm from a defect, we owe damages only if the defect was wilfully concealed by us. Otherwise, our liability is limited to intention and gross negligence.
Notwithstanding anything to the contrary in these Terms of Service, if you are a Business Customer or Organization:
If you’re a Business Customer or Organization:
Hellogram.ai’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant Services in the 12 months before the breach
Respect for the privacy and security of your data underpins our approach to responding to data disclosure requests. For more information, please see our Privacy Policy.
The following terms apply only to the extent you reside in the United States of America:
Except as described in the sections below titled “Exceptions” and “Opt-Out,” you and Hellogram.ai agree that every dispute arising in connection with these Terms of Service, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Service. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND Hellogram.ai ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms of Service are governed by the laws of the State of Wyoming without regard to conflict of law principles. You and Hellogram.ai submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Wyoming for resolution of any lawsuit or court proceeding permitted under these Terms of Service.
If you’re a resident of, or an Organization based in, the European Economic Area (EEA) or Switzerland, these terms and your relationship with Hellogram.ai under these terms and Service-specific additional terms, are governed by the laws of your country of residence, and you can file legal disputes in your local courts. If you’re an EEA-based Consumer, please contact us to resolve issues directly.
The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/Consumers/odr/. We are neither obliged to take part in alternative dispute resolutions before a Consumer dispute settlement commission or will do so voluntarily.
If you’re a resident of, or an Organization based in, the United Kingdom, these terms and your relationship with Hellogram.ai under these terms and Service-specific additional terms, are governed by English law, and you can file legal disputes in the English courts.
The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except there such waiver is prohibited by law or deemed by a court of law to be against public policy.
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:
Hellogram.ai
admin@hellogram.ai
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form add link to form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of Services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Your right to withdraw from this Agreement expires prematurely if the Services were initiated by us to you only after you as Consumer have expressly agreed that we shall commence with the execution of the contract before expiry of the withdrawal period, and at the same time have confirmed your knowledge of the fact that you lose your right to withdraw from the contract with the beginning of the execution of the contract.
I/We [...] hereby give notice that I/We [...] withdraw from my/our [...] for the provision of the following service [...],
Ordered on/received on [...],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s) (only if this form is notified on paper),
Date
We may, from time to time, change these Terms of Service. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms of Service in order to continue to use the Services. If you do not agree to the modified Terms, then you should discontinue your use of the Services. Except as expressly permitted in this section, these Terms of Service may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Service.
These Terms of Service, including the Privacy Policy and any Service-specific addenda to which you agree in connection herewith, are the entire and exclusive understanding and agreement between you and Hellogram.ai regarding your use of the Services; provided, however, that if you have entered into a separate agreement with Hellogram.ai contemplating the provision of Services then that agreement will apply to your use of the Services in lieu of these Terms of Service. If the terms of any Service-specific addendum conflict with these Terms of Service, the terms of the Service-specific addendum will control with respect to your access to and use of that Service. You may not assign or transfer these Terms of Service or your rights under these Terms of Service, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service and all rights granted under these Terms of Service at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Service, or any provision of these Terms of Service, be a waiver of any subsequent breach or default or a waiver of the provision itself. Throughout these Terms of Service the use of the word “including” means “including but not limited to.” If any part of these Terms of Service is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Affiliate - an entity that belongs to the Hellogram.ai group of companies, which means Eleven Labs Inc. and its subsidiaries
Business Customer - a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity
Consumer - a natural person who is acting outside the scope of an economic activity
Copyright - a legal right that allows the creator of an original work (such as a blog post, photo, or video) to decide if and how that original work may be used by others, subject to certain limitations and exceptions (such as “fair use”)
Disclaimer - a statement that limits someone’s legal responsibilities
Hellogram.ai (also we, us, and/or our) -
Generated Content / Content you Generate - the character content generated by a user using our Services, including the Speech Synthesis and character Cloning Services
Indemnity or indemnify - an individual or organization’s contractual obligation to compensate 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
Liability - losses from any type of legal claim, whether the claim is 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
Public API - A part of our Service offering providing official and supported API access to our Services: https://Hellogram.ai.io/docs/api-reference/text-to-speech.
Service, Services - any of the following services offered by Hellogram.ai:
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 Files / Files you Upload - any material uploaded by a user to their profile on the Hellogram.ai platform
Warrant, warranty - an assurance that a product or service will perform to a certain standard
Your Content - 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
In order to resolve a complaint regarding the Site or to receive further information regarding use of our Services, please contact us at:
admin@Hellogram.ai
