Terms Of Use

Terms of Use

Aflorithmic Labs LTD trading as AudioStack

1. Introduction

‍‍1.1. These terms of use (together with the other documents referred to in them, which are collectively referred to here as the Terms of Use) tell you the terms on which you may use the AudioStack website at AudioStack.ai and other websites and interfaces such as chrome extensions operated by AudioStack (together "the Website") and make use of any AudioStack API made available from time to time (the API) to access the AudioStack platform Services (as defined in clause 6 below).

1.2. The Website, the API and the Services are together referred to as AudioStack in these Terms of Use.

1.3. By using the Website as an unregistered guest user, you agree to these Terms of Use insofar as they apply to you. If you do not agree to these Terms of Use, you must not use our Website. In order to register with AudioStack as a subscriber (a Subscriber), you must accept these Terms of Use as part of the registration process.

1.4. Please read these Terms of Use carefully before you start to use AudioStack.‍

‍2. Information about us

AudioStack is operated by Aflorithmic Labs Ltd. We are a limited company registered in the United Kingdom under Company number 11850770 whose registered office is WH3.15 East London Works, 75 Whitechapel Road, London, E1 1DU, United Kingdom. Our VAT Number is GB341112752.

‍3. Subscription to and use of AudioStack

3.1. 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, voice cloning or voice design, databases, functionality, software, technology, videos, website designs, sound 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 AudioStack. 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.

‍3.2. In order to use the API and access the Services (your Subscription), you must first register with AudioStack as a Subscriber.

3.3. To become a Subscriber, you must complete all of the required fields set out in the registration process accessed via the Website. You confirm to us that any registration information provided to us is complete, accurate and not misleading.

3.4. We may request your payment card details at the stage of initial registration but if we do not, we may ask for them at a later stage, including after any free trial period (which we may make available from time to time in our discretion) has elapsed. We reserve the right to suspend provision of the Services until such time as we have valid payment card details on record.

3.5. By registering as a Subscriber with AudioStack on behalf of an incorporated company or other operating entity such as a partnership or Ltd, you confirm that you are duly authorised to act on behalf of such company or other entity in that regard.

3.6. The contract between us will only be formed and your Subscription will only begin when we confirm our acceptance of your registration as a Subscriber. If we are unable to accept your registration request, we will inform you of this during the registration process.

3.7. Your Subscription with AudioStack will be on-going unless ended in accordance with these Terms of Use, in particular clause 16.

3.7. If you require use of the API in relation to different projects (including where you are setting up projects for different clients of yours), you must set up a separate user account for each such project.

3.9. We reserve the right to deactivate any accounts and end any Subscriptions which have not been used for six months or more, or any accounts which we reasonably determine to contain false information. Fake profiles are not permitted.

3.10. AudioStack is intended for use by Subscribers in a business, academic or informational context only. You are not permitted to use AudioStack for domestic or private purposes.‍

3.10. AudioStack is intended for use worldwide. Wherever you access and use AudioStack from, you agree that you will only use AudioStack in a manner consistent with these Terms of Use and any and all applicable local, national and international laws and regulations. To the extent that your use of AudioStack is not legal in your territory, you may not use AudioStack.

‍4. Subscriber account and password

‍4.1. When you choose a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party or authorise others to use your Subscriber account, except to those people within your organisation who need to access your Subscriber account for the purposes of the project in question, provided that you will remain liable to us for the acts and omissions of any such people as if they were your own acts or omissions. You may not assign or otherwise transfer your Subscriber account to any other person or entity. If you know or suspect that anyone other than those permitted under this clause 4.1 has obtained your user identification code or password and/or has accessed your Subscriber account, you must immediately notify us at support@audiostack.ai and change your password.

4.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

4.3. You are responsible for the acts and omissions of any third parties who use your user identification code or password to access your Subscriber account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.

‍5. API licence

‍5.1. On condition of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive licence for the term of your Subscription to use the API solely in order to interface the Services with your own website, application, database or other services (the Subscriber Platform) for the purposes of allowing the users of your Subscriber Platform (the End Users) to access or otherwise receive the benefit of certain of the Services (as defined in clause 6 below).

5.2. You must follow the instructions and guidance provided by us on the Website when you interface the Services with your Subscriber Platform and, to the extent that you do not, we will not be liable for any impact whatsoever that may have on the provision or receipt of the Services.

5.3. You agree not to copy, modify, distribute or otherwise use the API except as expressly set out in these Terms of Use.

‍6. The Services

‍6.1. The Services will be as set out on the Website or otherwise provided by AudioStack from time to time and may include any or all of the following functionality:

6.1.1. the ability to set up a Content Creation profile

6.1.2. the ability to input Content Creation and End User preferences;

6.1.3. the ability to upload documents to the AudioStack platform for processing;

6.1.4. the ability to set and integrate specified End User events;

6.1.5. the ability to allow End Users to access certain of the Services through the Audio Content Platform, this includes specifying the voice, adding sound design templates and adding enhancements such as personalisation and mastering.

6.1.6. the ability to receive recommendations of conceptually similar documents to those uploaded to the AudioStack platform; and

6.1.7. the ability for the AudioStack platform to make content recommendations to End Users based on their End User profile.

6.2. We do not guarantee that AudioStack will always be available or that access to it will be uninterrupted. Access to AudioStack is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of AudioStack without notice. We will not be liable to you if, for any reason, AudioStack is unavailable at any time or for any period.

‍7. Charges

‍7.1. The charges payable by the Subscriber for accessing the Services (the Charges) shall be calculated on the basis set out on the Website from time to time.

7.2. The Charges are payable at the intervals set out on the Website, and will (unless indicated otherwise by us) be paid via our chosen payment processor using the payment card details provided by the Subscriber (or the Subscriber’s client on its behalf). AudioStack does not store any payment card details.

7.3. We reserve the right to suspend the provision of the Services in the event that Charges are not paid when due.

7.4. Unless expressly stated otherwise, Charges are exclusive of all applicable taxes.7.5. We reserve the right to change the Charges at any time on one month’s written notice to the Subscriber (including by email). If you do not wish to continue with your Subscription under the new Charges, you may end it in accordance with clause 16.1.

7.5. Depending on your your payment plan, we will automatically charge you additional api production credits if you exceed the number of production credits in your current plan.

‍8. Use of personal information

‍8.1. These Terms of Use refer to our Privacy Policy and our Cookie Policy. This clause 8 sets out the terms on which we process data (whether personal data or otherwise) we collect from you or End Users, or that you or End Users provide to us.

8.2. By using AudioStack, you warrant that all data provided by you is accurate.

8.3. Definitions:“Data Protection Legislation”: the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.“UK Data Protection Legislation”: any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation. ,“Applicable Laws”: (for so long as and to the extent that they apply to AudioStack) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and“Domestic UK Law” the UK Data Protection Legislation and any other law that applies in the UK.

8.4. Both parties will comply with all applicable requirements of the Data Protection Legislation. This Schedule is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.

8.5. The parties acknowledge that for the purposes of the Data Protection Legislation, in relation to Personal Data collected from End Users using the Subscriber Platform, you are the Data Controller and AudioStack is the Data Processor (where and “Data Controller”, “Data Subject” and “Data Processor” used in this paragraph 8 have the meanings as defined given in the Data Protection Legislation).

8.6. You warrant and undertake that you have all necessary appropriate consents, permissions and notices in place to enable lawful transfer of the Personal Data to AudioStack for the duration and purposes of this agreement. You must not share any voice or audio data with AudioStack unless you have the express permission from the individual whose voice or audio data you wish to share with us. You shall remain liable for all liability that may arise in relation to any failure to comply with this clause 8.6, and you hereby indemnify us in relation to any cost, damages and losses that AudioStack may suffer as a result of your failure to comply with this clause 8.6.

8.7. Without prejudice to the generality of paragraph 8.4, AudioStack shall, in relation to any Personal Data processed in connection with the performance by AudioStack of its obligations under this agreement:

(a) process that Personal Data only on your written instructions unless AudioStack is required by Applicable Laws to otherwise process that Personal Data. Where AudioStack is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, AudioStack shall promptly notify you before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit AudioStack from so notifying the End User;

(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and

(d) not transfer any Personal Data outside of the European Economic Area unless your prior written consent has been obtained (which you hereby provide) and the following conditions are fulfilled:

(i) you or AudioStack have provided appropriate safeguards in relation to the transfer;

(ii) the Data Subject has enforceable rights and effective legal remedies;

(iii) AudioStack complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

(iv) AudioStack complies with reasonable instructions notified to it in advance by you with respect to the processing of the Personal Data;

(e) assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(f) notify you without undue delay on becoming aware of a Personal Data breach;

(g) at your written direction, delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the Personal Data; and(h) maintain complete and accurate records and information to demonstrate its compliance with this paragraph 8 and allow for and contribute to audits by you and your designated auditor.

8.8. You consent to AudioStack appointing Google LLC and Amazon Web Services for cloud hosting services, hosted within the EEA, The Rocket Science Group LLC. for automated email services, based outside the EEA, as a third-party processor of Personal Data under this agreement. AudioStack confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this paragraph 8. As between you and AudioStack, AudioStack shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this paragraph 8.

‍9. Changes to these Terms of Use and the Services

‍9.1. You will be asked to read and accept these Terms of Use at the time you sign up to use the API or log in to receive the Services.

9.2. We may revise these Terms of Use at any time.‍

9.3. From time to time updates to the API may be issued. Depending on the update, you may not be able to use the Services until you have implemented the latest version of the API in accordance with our instructions and accepted any new terms.

9.4. We may update AudioStack from time to time, and may change the content provided on it and/or the Services at any time. However please note that we make no representations, warranties or guarantees, whether express or implied, that AudioStack is up-to-date or that content provided on it is accurate or complete.‍

9.5. No variation to these Terms of Use may be made save by a variation notified by us on AudioStack as described above, or else in writing signed by you and us.

10. Relationship with End Users

10.1. The Subscriber acknowledges that AudioStack has no direct contractual or other relationship with End Users and that AudioStack provides the relevant Services to End Users as a subcontractor of the Subscriber. Accordingly:‍

10.1.1. The Subscriber is entirely responsible for ensuring that its contractual arrangements with End Users (including its terms and conditions and privacy policy) are appropriate to allow for the provision of the relevant Services to them in accordance with these Terms of Use and that End Users are bound by obligations in respect of the receipt of the relevant Services that are no less restrictive that those set out in these Terms of Use; and

10.1.2. the Subscriber is liable to AudioStack for the acts and omissions of End Users accessing the relevant Services through the Subscriber Platform, as if they were its own acts or omissions.

11. Submitted Content

11.1. As between the parties, save as set out in clause 11.2 below, all information, documents, text or other materials of any kind that the Subscriber or any End User submits to AudioStack from time to time (Submitted Content) is solely the Subscriber’s responsibility.

11.2. In the case of Submitted Content provided to the AudioStack platform for processing:

11.2.1. such Submitted Content must be submitted in accordance with our instructions and guidance set out on the Website (and if you do not we will not be liable for any resultant loss of Service);

11.2.2. we will deal with such Submitted Content in accordance with our Privacy Policy and the Data Processing provisions in paragraph 8 above;

11.2.3. unless otherwise agreed with you, we will hold such Submitted Content securely, keep it confidential, will not disclose it to any other person and will not use it except for the purposes of providing the Services to the Subscriber and its End Users under these Terms of Use;

11.2.4. we will not monitor, control, verify or otherwise check such Submitted Content and (subject to clauses 11.2.1 and 11.2.2 above) we take no responsibility for it whatsoever, including for its accuracy, completeness or suitability for use in the Services.

11.3. You confirm that Submitted Content will comply with these Terms of Use, in particular the content standards set out at clause 14 below. We reserve the right to monitor Submitted Content in our sole discretion, to refuse to process and to remove any such Submitted Content if, in our sole opinion, it does not comply with these Terms of Use or any applicable law, or upon the reasonable request of any third party.

11.4. If your Subscription with AudioStack is terminated, we will delete any Submitted Content.

11.5 You grant us permission to use all Submitted Content for the purposes of fulfilling our obligations under this agreement. You also grant us permission to use Submitted Content (provided that it has been anonymised) for our own business purposes, which permission shall survive termination or expiry of your Subscription.

11.6 You must not provide us with Submitted Content which you do not have relevant permissions or rights to share with us.

12. Intellectual property rights

12.1. Whilst the Subscriber or End User(s) submitting the Submitted Content (or their relevant licensors) will retain ownership of the copyright and all other intellectual property rights whatsoever (and wherever existing in the world, together IP Rights) subsisting in such Submitted Content, the Subscriber hereby:

12.1.1. grants to us (or, as relevant, agrees to procure the grant to us of) a licence to use such Submitted Content in accordance with these Terms of Use.

12.1.2. warrants and undertakes that the Subscriber or such End Users are duly authorised to submit the Submitted Content to us and that the use of Submitted Content in the Services will not breach a third party’s rights including without limitation any IP Rights or rights in confidential information and agrees to indemnify us in respect of any loss or damage (including legal fees) incurred by us in the event of a breach of this clause 1

12.1.3. agrees that Submitted Content may become part of a database and that we will own the rights in that database.

12.1.4 indemnifies us against any costs, losses, or damages that AudioStack may suffer as a result of Subscriber’s breach of clause 12.1.2.

12.2. Except for Submitted Content, we are the owner or the licensee of all IP Rights in AudioStack (including without limitation in the API and the AudioStack platform) and in the material published on it. All such rights are reserved and you have no rights in, or to, AudioStack other than the rights to use it in accordance with these Terms of Use. In particular, you or your End Users must not use any part of the AudioStack platform or any content on AudioStack for commercial purposes without obtaining a licence to do so from us or the content owner in question.

12.3. Our status (and that of any identified contributors) as the authors of the content provided by us on AudioStack must always be acknowledged in such form as we may reasonably require.

12.4 The Subscriber will be the owner of all IP Rights in audio content generated by AudioStack and provided to you as an output of the API and the AudioStack platform in response to any Submitted Content that you provide the platform, and we hereby assign all such rights to you. You hereby grant us a perpetual irrevocable licence for us to use such audio content for our own internal business purposes only, including to refine and improve our services.

12.5 You hereby grant us a non-exclusive, royalty-free, worldwide, transferrable, sub-licensable, perpetual and irrevocable licence to use your name and logo on the AudioStack website, in our marketing materials and in our case studies for the purposes of promoting the AudioStack platform and services.

12.6 Your content (including voices, sound templates, sound designs, written content, and other content) that is provided to us, allows us the ability to use said content to improve our services. This includes (but is not limited to) the following: running operating processes for spam, malware, and illegal content, to research and development such as e.g. recognising patterns in data for improving the quality of our Service, such as delivering higher quality voices and higher quality audio. This analysis occurs as the content is sent, received, and when it is stored. You also allow us to develop and make available new technologies or Services based on these terms. When you leave our service, we will remove your data as much as is technically feasible from our servers.

13. Limitation of our liability

13.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

13.2. In relation to the use of AudioStack including the receipt of the Services by the Subscriber and End Users:

13.2.1. to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to AudioStack including the Services, whether express or implied. In particular, we give no warranty or guarantee that the Services will meet the Subscriber’s needs or those of the End Users, or that the receipt of the Services will benefit, or be suitable for, the Subscriber or the End Users in any way; and

13.2.2. we will not be liable for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the following:

13.2.2.1. loss of profits, sales, business or revenue;

13.2.2.2. loss of agreements or contracts;

13.2.2.3. business interruption;

13.2.2.4. loss of anticipated savings;

13.2.2.5. loss of business opportunity, goodwill or reputation;

13.2.2.6. loss of use or corruption of software, data or information; or

13.2.2.7. any indirect or consequential loss or damage.

13.3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of AudioStack, or on any website linked to it.

13.4. Subject to clauses 13.1 to 13.3, our total liability to the Subscriber, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use including the receipt of the Services shall, in any given 12 month period during the Subscription period, be limited to the amount of the Charges paid by the Subscriber to us during that period.

14. Prohibited uses of AudioStack

14.1. You may use AudioStack only for lawful purposes. You may not use AudioStack:

14.1.1. in any way that breaches any applicable local, national or international law or regulation;

14.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

14.1.3. to imitate a person’s voice without their prior express permission;

14.1.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;

14.1.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

14.1.6. to transmit knowingly any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

14.1.7 violate any national or international law;

14.1.8 violate the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, including Generating Content that discriminates against people based on their race, colour, national or ethnic origin, religion, age, sex, gender, sexual orientation and/or preference, or physical handicap;

14.1.9 violate the rights of others, including but not limited to infringing Copyright, right of publicity, right of likeness, and/or any other Intellectual Property Rights, or to defame a third party or cast a third party in false light;

14.1.10 fraudulently impersonate other people or companies;

14.1.11 exploit or harm minors;

14.1.12 harass or threaten any person or to promote violence against a specific person or class of people;

14.1.13 trick or mislead us or other users, especially in an attempt to learn sensitive account information, for example user passwords;

14.1.14 disable, interfere with or circumvent security-related features of our Services or Platform;

14.1.15 interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to ours;

14.1.16 engage in any automated use of the systems (except of our Public API), for example by using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

14.1.17 copy our Services’ software, including all code;

14.1.18 reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law);

14.1.19 sell or transfer your profile;

14.1.20 harass, annoy, intimidate, or threaten any of our employees engaged in providing our Services or assistance to you;

14.1.21 make improper use of our support Services or submit false reports of abuse or misconduct;

14.1.22 harm us or our Services in any way.

14.2. You also agree:

14.2.1. not to reproduce, duplicate, copy or re-sell any part of AudioStack in contravention of these Terms of Use;

14.2.2. not to impersonate any other Subscribers; and

14.2.3. not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same):

(i) the accounts of other Subscribers;

(ii) any part of AudioStack or its security measures;

(iii) any equipment or network on which AudioStack is stored;

(iv) any software used in the provision of AudioStack; or

(v) any equipment or network or software owned or used by any third party.

15. Content standards

15.1. These content standards apply to any and all Submitted Content (as defined in clause 11.1 above), and to any interactive services associated with the Website or the Services.‍

15.2. You must comply with the spirit of the following standards, as well as the letter. The standards apply to each part of any Submitted Content as well as to its whole.

15.3. We reserve the right in our sole discretion to refuse to display, or to remove, Submitted Content that we feel is not suitable for, or does not fit with the ethos of, AudioStack‍.

15.4. We reserve the right to refuse to process and to remove any Submitted Content which, in our sole opinion:

15.4.1. is not suitable for use on AudioStack;

15.4.2. does not comply with applicable law in the UK and in any country from which the Submitted Content is posted or the Services or received;

15.4.3. is defamatory, threatening, misleading or deceptive;

15.4.4. contains obscene, offensive, hateful or inflammatory material or promotes or enables illegal or unlawful activities including without limitation violence or discrimination; or

15.4.5. infringes or breaches any copyright, database right, trade mark or other intellectual property rights of any other person, or any person’s right to privacy, confidentiality or other legal right (including a contractual right).

16. Ending your Subscription

16.1. You may end your Subscription at any time by using the relevant section of the Website. Your Subscription and your right to receive the Services will end immediately, but you acknowledge that you will not receive any refund of Charges already paid in relation to the remainder of the relevant payment period. Furthermore, if at the date of termination you owe us any Charges (for instance because in the period prior to termination you have exceeded the Service volume under any pre-paid sums), we will take payment for such sums via our chosen payment processor, or issue an invoice to you for payment.

16.2. We will determine, in our discretion, whether there has been a breach of these Terms of Use through the Subscriber’s or the End Users’ use of AudioStack. If such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

16.2.1. immediate, temporary or permanent withdrawal of the Subscriber’s right to use AudioStack including the suspension or cancellation of your Subscription;

16.2.2. immediate, temporary or permanent removal of any Submitted Content;

16.2.3. the issue of a warning to you;

16.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

16.2.5. further legal action against you; and

16.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

16.3. The responses described above are not limited and we may take any other action we reasonably deem appropriate.

16.4. If your Subscription ends for any reason:

16.4.1. you must immediately cease using the Services, delete or remove the API from the Subscriber Platform and destroy all copies of the API in your possession or control and (if requested by us) certify that you have done so; and

16.4.2. we may remove any or all Submitted Content submitted during your Subscription.

‍17. Viruses

‍17.1. We do not guarantee that AudioStack will be secure or free from bugs or viruses. You should use your own virus protection software.

17.2. You must not misuse AudioStack by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to AudioStack, the server on which AudioStack is stored or any server, computer or database connected to AudioStack. You must not attack AudioStack via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use AudioStack will cease immediately.

‍18. Linking to AudioStack

‍18.1. You may link to our website (AudioStack.ai), provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

18.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

18.3. Our website must not be framed on any other site.

18.4. We reserve the right to withdraw linking permission without notice.

18.5. The website in which you are linking must comply in all respects with the content standards set out above.

18.6. If you wish to make any use of any content on AudioStack other than that set out above, please contact support@AudioStack.ai

‍19. Third party links and resources in AudioStack

‍19.1. Where AudioStack contains links to other sites and resources provided by third parties who are not under our control, these links are provided for your information only.

19.2. We have no control over, and assume no responsibility for, the content of those sites or resources or their availability. Any such links should not be interpreted as endorsement by us of those sites and we will not be liable for any loss or damage that may arise from your use of them.

‍20. Third party rights

‍‍20.1. A person who is not a party to this Agreement (including without limitation End Users) shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.‍

21. General sub processors

We work with the following sub processors at AudioStack. Following is a list of using this Format:

- Name

- Address

- Description of processing

21.1 General subprocessors

Amazon Web Services, Inc.

410 Terry Avenue North Seattle, WA 98109, USA
Web hosting provider, data storage and compute for audio processing services.

Google LLC

1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
Company communication, text to speech and web usage analysis services

Slack Technologies, Inc.

4th Floor, One Park Place, Hatch Street Upper, Dublin 2, Ireland
Company communication and content moderation management

Stripe Payments Europe, Ltd

One Spencer Dock, North Wall Quay, Dublin 1
Payment provider

Mixpanel

One Front Street, 28th Floor, San Francisco, CA 94111, USA
User tracking and analytics reporting services

Mailchimp

675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA
User notification services

Retool

292 Ivy St Suite F San Francisco, CA 94102 United States
Business Intelligence Software and Internal tools

Segment.io, Inc.

101 Spear St FL 1. San Francisco , CA, 94105-1580, USA
Customer data platform and analytics reporting services

Snowflake

WeWork Dublin Landings N Wall Quay, North Dock (#3-121) Dublin, D, D1, Ireland
Data processing and data storage services

21.2 External TTS and Speech Recognition subprocessors

WellSaid Labs

113 Cherry St, Ste 52562, Seattle, WA 98104, USA
Text to speech provider

Resemble AI

233 Mountainberry Rd, Brampton, Ontario, L6R 1W3, Canada
Text to speech provider

PlayHT

651 N Broad St, Suite 201 New Castle County Middletown, Delaware 19709 United States
Text to speech provider and Voice Cloning

OpenAI LLC

3180 18th St. San Francisco, California 94110
Text to speech provider and providing large language models

Microsoft Corporation

Microsoft Ireland Operations Ltd, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland
Text to speech and speech to text provider

IBM

200 Shelbourne Rd, Dublin, DUBLIN4, Ireland
Text to speech provider

DeepZen

151 Wardour Street Soho London W1F 8WE, UK
Text to speech provider

Cereproc

CereProc Ltd Codebase Argyle House
3 Lady Lawson Street Edinburgh EH3 9DR, UK
Text to speech provider

Eleven Labs

576 Vanderbilt Avenue, apt. 4, 11238 NYC, USA
Text to speech provider and voice cloning provider

‍22. Applicable law

‍21.1. These Terms of Use, their subject matter and their formation, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Terms of Use for Sound Templates

AudioStack Sound Template General Licence Agreement

This Sounds Template Licence (“Agreement”) covers all use of Sound Templates and Sounds, as defined below. By using or accessing our Sound Templates and/or Sounds, you agree to be bound by the terms of this Agreement. If you are using our Sound Templates and/or Sounds for an organisation, you are agreeing to the terms of this Agreement on behalf of that organisation. Please note that users on a paid AudioStack plan are subject to different terms of use under our Commercial Licence Agreement, which can be found below this Agreement.

As an AudioStack user (referred to as “Licensee”, “you”, “your”), you are provided with a library of Sound Templates by Aflorithmic Labs Ltd (trading as “AudioStack”, company number 11850770)(East London Works Unit 3.15, 75 Whitechapel Road, London, Greater London, England, E1 1DU) which you may download and/or use only subject to following the terms of this Agreement. In this Agreement, “Sounds” means audio loops, samples, sound effects and musical phrases created or recorded for the Licensor (the “Sounds”); “Sound Templates” means templates that combine Sounds into sound designs.

There are two types of Sound Templates currently provided by AudioStack - “demo” templates and standard AudioStack templates. This agreement does not cover your use of sounds uploaded to / stored by AudioStack by / on behalf of you or your organisation. For more information about your own sound and data, see our Terms of Use and Privacy Policy.

“Demo” Sound Templates

“Demo” templates are Sound Templates provided to AudioStack by a third party for the purpose of demonstrating software functionality. These templates remain the property of their original creators, and are provided for non-commercial use by end users for the purpose of testing or demonstrating AudioStack functionality only. Audio assets created using “Demo” Sound Templates may not be downloaded, shared, reproduced, distributed or broadcast, excluding in the case of demonstrating the functionality of AudioStack software.

AudioStack Sound Templates

All standard AudioStack Sound Templates and Sounds remain the property of AudioStack and are licensed to you, as the original end-user, for your use subject to the provisions below. All rights not expressly granted herein are reserved exclusively by Licensor.

You may use the Sounds and Sound Templates for non-commercial music and audio projects, not-for-profit podcasts, vlogs and video backing tracks without our prior permission provided that you adhere to the terms of this Agreement. You are given a non-exclusive, world-wide, royalty-free, perpetual, non-transferable and non-sublicensable licence to use and modify the Sounds and/or Sound Templates but ONLY in the context of a non-commercial creative project.

You are prohibited from broadcasting the Sounds and/or Sound Templates (in whole or in part, or any modification thereof) under this Agreement. This includes using the Sounds and/or Sound Templates in TV advertisements, radio advertisements, in TV shows and feature films.

You acknowledge that all copyright and any other intellectual property rights in the Sounds and Tools belong and shall belong to Licensor, and that you shall have no rights in or to the Sounds and Tools other than the rights expressly granted by this Agreement. Provided that you are in compliance with this Agreement, you may copy, modify, reproduce, distribute and transmit Sound Templates and Sounds within your non-commercial creative projects without our prior permission.

If you wish to use AudioStack Sounds or Sound Templates for broadcast purposes, you require the prior written permission of the Licensor - please contact us if this is the case.

General terms

To the fullest extent permitted by law, you shall indemnify us from all and any reasonable costs, losses, liabilities and damages incurred or suffered by us which arise out of or connected with a claim resulting from your use (or mis-use) of our Sounds and/or Sound Templates or third party intellectual property which you do not own or properly licence. You acknowledge that other users may use the Sounds and/or Sound Templates in their own projects subject to the respective Agreement(s) and you may not prevent other users or organisations from doing so.

To the fullest extent permitted by applicable law, we do not warrant that the Sounds and Sound Templates are non-infringing, reliable, error-free, or will meet your requirements. The Sounds and Sound Templates are provided “as is” and “as available”. To the fullest extent permitted by law, in no event will AudioStack be liable to you for any direct, indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your use of the Sounds and/or Sound Templates. Our Sounds and Sound Templates may be updated, removed, replaced, or otherwise amended, at all times, with or without any notice to you. You accept that the Sounds and Sound Templates that are available at any given time might not be available in future. Content types and descriptions, such as genres, categories, moods etc., are provided for your convenience only and we do not guarantee that they are accurate or complete.

All rights granted under this Agreement are non-exclusive, non-transferable and non-assignable and may not be sub-licensed other than as expressly stated under this Licence. Nothing in this Agreement constitutes a partnership or joint venture between you and us and shall be governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

We reserve the right to change this Agreement at any time, in our sole discretion. By continuing to use the Sound Templates after changes to this Licence have been made you are expressing and acknowledging your acceptance of the changes.

If you have any queries, questions or customer service inquiries regarding this Agreement, please contact us at support@audiostack.ai.

AudioStack Sound Template Commercial Licence Agreement

This Sounds Template Licence (“Agreement”) applies to all users with active AudioStack plans including but not limited to the Indie Plan, Production Plan and Enterprise Plan. This Agreement covers your use of Sound Templates and Sounds, as defined below, and supersedes the General Licence Agreement to which everyone who interacts with AudioStack content is subject. By using or accessing our Sound Templates and/or Sounds, you agree to be bound by the terms of this Agreement. If you are using our Sound Templates and/or Sounds for an organisation, you are agreeing to the terms of this Agreement on behalf of that organisation.

“Demo” Sound Templates

AudioStack Sound Templates

You may use the Sounds and Sound Templates for non-commercial music and audio projects, podcasts, vlogs and video backing tracks without our prior permission provided that you adhere to the terms of this Agreement. Additionally, you may use the Sounds and Sound Templates for commercial music and audiovisual projects. This includes use within company websites, marketing materials, online advertising, podcasts and client demonstrations and pitches, providing that your organisation’s annual revenue does not exceed USD one hundred (100) million per annum at group level.

You are given a non-exclusive, world-wide, royalty-free, perpetual, non-transferable and non-sublicensable licence to use and modify the Sounds and/or Sound Templates but ONLY in the context of a non-commercial creative project, or a commercial project as described above.

You cannot transfer, upload or otherwise distribute or make available all or any of the Sounds and/or Sound Templates (in whole or in part, or any modification thereof) to anyone, except to the extent that they are incorporated into your creative projects. You may not use the Sounds and/or Sound Templates for broadcast purposes (such as broadcast ads, TV, radio or film) under this Agreement. Individual creators may use the Sounds and/or Sound Templates for podcast content and audiobooks but platforms distributing content on behalf of other creators may not.

If your organisation’s revenue exceeds USD one hundred (100) million annually at group level, or if you wish to use AudioStack Sounds or Sound Templates for broadcast purposes or as part of your platform, you must contact us to arrange a broadcast licence or specific contract before using the Sounds/ Sound Templates for these purposes. If you are unsure whether your situation is covered by this Agreement, please contact us at support@audiostack.ai.

General terms

Nothing in this Agreement constitutes a partnership or joint venture between you and us and shall be governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

If you have any queries, questions or customer service inquiries regarding this Agreement, please contact us at support@audiostack.ai.

Support Policy

This AudioStack Support Policy ("Support Policy") accompanies the AudioStack Subscription Terms of Service, available at www.audiostack.ai/terms-of-use or a successor URL (the "Agreement") entered into between you ("Customer") and Intercom. Capitalized terms used in this Support Policy that are not defined herein have the meanings given to them in the Agreement.

AudioStack offers support services for the Service ("Support ") in accordance with the following terms:

A. Support Hours. Support is provided from 7am to 10pm (UK time), 5 days per week.

B. Incident Submission and Customer Cooperation. Customer may report errors or abnormal behavior of the Service ("Incidents") by contacting Intercom in the Service via your Slack Channel or via email at support@audiostack.ai. Customer will provide information and cooperation to Intercom as reasonably required for AudioStack to provide Support. This includes, without limitation, providing the following information to Intercom regarding the Incident:

Aspects of the Service that are unavailable or not functioning correctly
Incident's impact on users
Start time of Incident
List of steps to reproduce Incident
Relevant log files or data
Wording of any error message

C. Incident Response. AudioStack's Support personnel will assign a priority level ("Priority Level") to each Incident and seek to provide responses in accordance with the table below.

Priority Level	Description	Target Response Times
Priority 1	Operation of the Service is critically affected (not responding to requests or serving content) for a large number of users; no workaround available.	2 Hours
Priority 2	Service is responding and functional but performance is degraded, and/or Incident has potentially severe impact on operation of the Service for multiple users.	1 Day
Priority 3	Non-critical issue; no significant impact on performance of the Service but user experience may be affected.	3 Days

D. Exclusions. AudioStack will have no obligation to provide Support to the extent an Incident arises from: (a) use of the Service by Customer in a manner not authorized in the Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of AudioStack's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; or (d) third party systems, acts or omissions.

Last updated: December, 1st 2023