AI Kid Voice Terms & Conditions
Updated November 29, 2024
CONTAINS MANDATORY ARBITRATION, CLASS ACTION WAIVER, PRE-DISPUTE TRAVEL, TIMELY NOTIFICATION OF CONSCINOUNABILITY CHALLENGE. UPDATES AFFECT PAST UNREPORTED DISPUTES, CHECK BACK MONTHLY, AT LEAST QUARTERLY, AND UPON NOTICE.
1.1 AI Kid Voice SERVICES
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on kid-voices-ai.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Service” or “Services”, which may be updated from time-to-time at the sole discretion of AI Kid Voice). Please read these terms and conditions, carefully before ordering any Services from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store etc.). The terms “AI Kid Voice,” “us” or “we” refers to AI Kid Voice, Inc. The term “Device” refers to the device which is used to access the Services including but not limited to computers, smart phones, computers, and tablets. The term “you” refers to the user of the Services. When you order (“Order”) any Services, or otherwise use or access the Services, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Services. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Services. All correspondence to AI Kid Voice including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address. By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the provisions regarding arbitration, class action waiver, disclaimers, and limitations of liability. You further acknowledge that you have read, understood, and agree to be bound by our Privacy Policy and all other supplementary terms or AI Kid Voice policies herein cited or communicated to you via our website, platform, or electronic communications. Any document incorporated by reference forms an integral part of these Terms & Conditions. Our Privacy Policy contains further information about your rights and how to exercise them, including but not limited to those granted under the California Consumer Privacy Act (CCPA) to California residents. You may be asked within the service to agree to supplementary terms or consent forms. Such supplementary terms or consents do not replace these Terms & Conditions but are governed by and subject to them.
1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND AI Kid Voice AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION WITH EVENLY SPLIT FEES, AND YOU AND AI Kid Voice WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.3 BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Services. In order to participate in certain Services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of AI Kid Voice.
(c) AS PART OF YOUR USE OF THE SERVICES, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES AND THE UNITED KINGDOM MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
1.4 CHANGES TO TERMS
AI Kid Voice reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on their respective page. Any changes or updates will be effective immediately upon posting to kid-voices-ai.com. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.
2.1 BECOMING A MEMBER
(a) You may sign up as a registered user of the Services free of charge (a “Member”). To become a Member you need to go to the relevant section of the Services, then submit your email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
(b) In the course of your use of the Services, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the AI Kid Voice Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
(c) By placing an Order through the Services, you warrant that:
(i) You are legally capable of entering into binding contracts;
(ii) All registration information you submit is truthful and accurate;
(iii) You will maintain the accuracy of such information; and
(iv) Your use of the Services does not violate any applicable law or regulation.
2.2 ONCE A MEMBER
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
2.3 USE OF AI Kid Voice BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Services. Individuals under the age of 18, or the applicable age of majority, may utilize the Services only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
2.4 MEMBERSHIP
As a AI Kid Voice Member you will receive access to certain sections, features and functions of the Services that are not available to non-members. By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Service based text messages, WhatsApp messages or communication emails. You can easily unsubscribe from AI Kid Voice text or WhatsApp messages or commercial emails by following the opt-out instruction in these communications. AI Kid Voice memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
2.5 SUBSCRIPTIONS
(a) AI Kid Voice account holders may access the Services in two ways:
(i) “AI Kid Voice” Free Trial: a free-of-charge program, which gives access to creating audio files from text based content on mobile devices.
(ii) Paid Subscription: a subscription fee-based program, which gives access to all features including and beyond the “AI Kid Voice” Free Trial. You may have access to a free trial period of the subscription program in accordance with certain promotional offers. All subscription services provide access through the Services. You can become a subscriber by purchasing a subscription (depending on which options you choose, those fees may recur each month or year thereafter, at the then-current rate) to the Services from the Website, within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
(b) AI Kid Voice offers an annual subscription option. For the purposes of yearly subscription, a year constitutes 365 calendar days.
(c) Our “Yearly” subscriptions are paid for by an upfront one-off payment with automatic annual renewal. You acknowledge and agree that AI Kid Voice is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the effective rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(d) You may cancel automatic renewals of your subscription at any time. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. If you purchase a subscription through our web application, you may cancel by accessing your subscription account settings on the web application.
(e) You agree to promptly notify AI Kid Voice of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(f) In the course of your use of the Services, AI Kid Voice and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to AI Kid Voice and AI Kid Voice’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
(g) Our obligation to provide the Services only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Services purchased through AI Kid Voice for commercial purposes.
2.6 DEVICE REQUIREMENTS
To enjoy AI Kid Voice via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Apple App Store and Google Play Store.
2.7 CHANGING FEES AND CHARGES
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you at least 30 calendar days in advance of any such change.
2.8 BILLING DESCRIPTOR DETAILS
General: When you make a purchase or subscribe to services on our platform, the billing descriptor (i.e., the line item description seen on your financial statement) will vary depending on your selected payment method. The billing descriptor will indicate details of the transaction. Please find details of billing descriptors based on the payment method below:
Stripe: When utilizing Stripe as your payment method, the billing descriptor on your financial statement will typically show as “kid-voices-ai.com”. Please note that the descriptor might vary based on your region and Stripe’s specific reporting structure. We encourage you to retain all transaction emails received from Stripe to reconcile your statements accurately.
3.1 CANCELLATION BY YOU
(a) You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
(b) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. You can initiate a cancellation through your AI Kid Voice account settings within the Services. You will be responsible for all Subscription Fees incurred for the then-current Subscription period. Canceling your Subscription will not terminate your AI Kid Voice account.
3.2 CANCELLATION BY US
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Services.
3.3 PROMOTION CODES
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.
3.4 REFUND POLICY
Refer to our refund policy here.
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services. You may not access the Services in an unauthorized manner.
4.2 You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.
4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.
5.1 COPYRIGHT
(a) All materials (including software and content whether downloaded or not) contained in the Services are owned by AI Kid Voice (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
(b) You acknowledge and agree that certain materials on or in the Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.
(c) Audio content from AI Kid Voice not explicitly indicated as downloadable may not be downloaded or copied from the Services or any Device.
(d) The Services, with the exception of AI Kid Voice Voice Over Studio, are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Services for commercial purposes without obtaining a written license to do so from us. Material from the Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Services and may subject you to legal liability. You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. You can use AI Kid Voice Voice Over Studio AI voice overs for commercial purposes. You can also distribute or otherwise make available AI voice overs created with AI Kid Voice Voice Over Studio to third parties who intend to use the voice overs for commercial purposes.
(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by AI Kid Voice through the Services that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), AI Kid Voice grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Services, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. AI Kid Voice will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5.2 TRADEMARKS
AI Kid Voice®, the AI Kid Voice logo and all other AI Kid Voice product or service marks are trademarks of AI Kid Voice. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. AI Kid Voice will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
6.1 Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free.If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time.
6.2 Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable, our usual Order and cancellation deadlines apply.
7.1 The Services may let you submit material to us: for example, you may be able to upload a photo to your profile, post books and comments in the community and comment on various matters in various parts of the Services. You may be able to upload text, video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Service use information which you provide in registering for and using Services.
7.2 This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
7.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Services, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.
7.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by AI Kid Voice or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise AI Kid Voice. You acknowledge that we may indirectly commercially benefit from use of your User Material.
7.6 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
(e) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email.
(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our content.
(h) You will not, without authorization, access, tamper with, or use non-public areas of the Services, AI Kid Voice’s computer systems, or the technical delivery systems of AI Kid Voice’s providers.
(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Services or any other AI Kid Voice system or network or breach any security or authentication measures.
7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
7.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant AI Kid Voice an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Services, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. AI Kid Voice may include your User Material in AI Kid Voice’s Distribution Content that is made available to others through the Products. Be aware that AI Kid Voice has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify AI Kid Voice and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
7.9 As between you and AI Kid Voice, you own the content and information that you submit to the Products. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to AI Kid Voice a non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, and distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that AI Kid Voice has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify AI Kid Voice and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. You must not establish a link from any website that is not owned by you. The Services must not be framed on any other website, nor may you create a link to any part of the Services unless you have written permission to do so from AI Kid Voice. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
The information contained in the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk. The user assumes full responsibility for their decisions and actions based on the use of the Services. AI Kid Voice shall not be liable for any consequences arising from the use of or reliance on the information provided through the Services.
10.1 AI Kid Voice is a provider of online and mobile reading content in the health & education space. We are not a health care or education provider, nor should our Services be considered medical advice. Only your physician or other health care provider can do that. AI Kid Voice makes no claims, representations or guarantees that the Services provide a medical benefit. Users should always seek the advice of their physician or other qualified healthcare provider with any questions regarding a medical condition or treatment.
10.2 Any health information and links on the Services, whether provided by AI Kid Voice or by contract from outside providers, is provided simply for your convenience.
10.3 Any advice or other materials in the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Services.
11.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this section 11, and these other Terms, and your payment of applicable subscription fees, AI Kid Voice grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Services.
11.2 The Services contain or embody copyrighted material, proprietary material or other intellectual property of AI Kid Voice or its licensors. All right, title and ownership in the Services remain with AI Kid Voice or its licensors, as applicable. The rights to download and use the Services are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
11.3 You agree that you will not and you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Services in any way, or create derivative works of the Services;
(b) Use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part;
(d) Tamper with the Services or circumvent any technology used by AI Kid Voice or its licensors to protect any content accessible through the Services;
(e) Circumvent any territorial restrictions applied to the Services; or
(f) Use the Services in a way that violates this License Agreement or the other Terms.
(g) You agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unauthorized advertisements, promotional materials, junk mail, spam, or any other form of solicitation, (ii) gather or collect personal data, including email addresses, of other users of the Services without their express consent, (iii) carry out any unlawful, invasive, infringing, defamatory, or fraudulent activity, (iv) distribute viruses, trojans, or other harmful computer code, (v) circumnavigate or aid others in circumnavigating restrictions put in place to access premium services without payment, (vi) upload, post, or otherwise transmit content that harasses, threatens, or harms individuals or groups, (vii) use the Service to create deceptive or misleading voice clones without the explicit consent of the individual whose voice is being replicated, (viii) publish or share content that incites violence or promotes hate based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic, (ix) engage in any activity that is harmful or disruptive, including, but not limited to, content that violates laws or regulations, invades others’ privacy, infringes on Intellectual Property Rights, or promotes illegal activities, (x) use our services in any manner that is neither intended nor authorized, including but not limited to directly calling any of our servers endpoints; you agree that any such actions constitutes unauthorized access pursuant to the Computer Fraud & Abuse Act and that all use of our services by you must happen through genuine human interactions of our front-facing clients;(xi) use the Services to infringe the intellectual property rights of others; any unauthorized use of copyrighted material or trademarks through the Services, including attempts to replicate or distribute such materials without permission, will result in immediate termination of your account and legal action, or (xii) circumvent or attempt to circumvent any digital rights management or other content and software protection systems used on or with the Services. Consequences of unacceptable use include immediate account termination and legal action.
11.4 You may not make the Services available to the public. The Services made available (in whole or in part) are owned by AI Kid Voice or its licensors and your use of them must be in accordance with these Terms.
12.1 We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
12.2 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
12.3 If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Services;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
13.1 ASSIGNMENT BY US
AI Kid Voice may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
13.2 INDEMNITY BY YOU
You agree to defend, indemnify and hold AI Kid Voice and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of these Terms. AI Kid Voice reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with AI Kid Voice defense of such claim.
13.3 WARRANTIES AND LIMITATIONS
(a) We warrant to you that any Service purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(b) We warrant that we will use reasonable skill and care in making the Services available to you during your subscription.
(c) Nothing in this sections 13.3 or otherwise in these Terms shall exclude or in any way limit AI Kid Voice’s liability for: fraud; death or personal injury caused by negligence; or liability to the extent the same may not be excluded or limited as a matter of law.
(d) The Services and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Services or their content. We assume no liability or responsibility for any errors or omissions in the content of the Services, or any failures, delays, or interruptions in the provision of the Services. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Services. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services. We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties. The use of the Services is at the user’s sole risk.
(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
13.4 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
13.5 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
13.6 INTERPRETATION
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
13.7 ELECTRONIC COMMUNICATIONS
(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.
(c) You have the right to receive a paper copy of the communications.
(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.
(e) To receive and view an electronic copy of the communications you must have the following equipment and software:
(i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
(ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.
(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.
(g) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
13.8 NOTICES
Unless otherwise specifically indicated or approved, notices given to us by you, your counsel, a court, or an arbitrator shall be mailed to AI Kid Voice at the address most recently posted on AI Kid Voice’s website at time of mailing and currently being 382 NE 191st St PMB 69469, Miami, FL, 33179-3899. We may provide notices to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above, and any such notices will be deemed received by you and properly served immediately when posted on the Services or when an e-mail or other electronic communication is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee or that such notice was posted on the Services.
13.9 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
13.10 THIRD PARTY RIGHTS
A person who is not party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms.
13.11 OUR LIABILITY
(a) We will use reasonable endeavors to remedy faults in the Services. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Services in question. In addition, we will not be liable for:
(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Services, or from transmissions via emails or attachments received from us.
(iii) Any use of websites linked to the Services but operated by third parties.
(b) To the extent permitted by law, AI Kid Voice and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto, your provision of information via the Services, or lost business or lost sales, or any errors, viruses or bugs contained in the Services, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Products. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Services exceed, in the aggregate, the amount, if any, paid by you to AI Kid Voice for your use of the Services. For the avoidance of doubt, AI Kid Voice expressly disclaims any liability for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, business interruptions, or loss of data, whether in an action in contract, tort or otherwise, even if advised of the possibility of such damages.
Moving to Litigation
If the dispute cannot be resolved through mediation, the parties will proceed to initiate formal litigation proceedings, as outlined in our Arbitration Agreement.
Exceptions to Pre-Litigation
Exceptions to Pre-Litigation are outlined in Section 13.13 Expedited Dispute Resolution for Urgent Bona Fide User Claims. Additionally, this section does not require informal dispute resolution or arbitration of the claims seeking any relief or remedy measures against unauthorized use or abuse of the Services or intellectual property infringement or misappropriation of AI Kid Voice’s intellectual property, AI models, trademarks, patents, or copyright.
AI Kid Voice is committed to resolving disputes fairly and efficiently. We believe that most disputes can be resolved through open dialogue and mutual understanding. This Pre-Arbitration Conflict Resolution Framework is designed to facilitate this goal, ensuring that all parties have the opportunity to express their views and seek resolution in a structured and respectful environment.
13.13 EXPEDITED DISPUTE RESOLUTION FOR URGENT BONA FIDE CLAIMS
To ensure our dispute resolution process is both fair and efficient, we recognize the need to accommodate legitimate concerns that merit expedited attention. This section outlines our criteria and process for considering requests to modify or bypass certain pre-arbitration requirements for claims deemed bona fide and/or urgent based on objective and reasonable criteria.
Criteria for Bona Fide Claims
A claim may be considered bona fide and eligible for expedited or modified processing if it meets any of the following criteria:
Request Process
Users may request expedited or modified dispute resolution by submitting a written request that includes:
• A clear explanation of the claim.
• Specific reasons why the claim meets one or more of the bona fide criteria listed above.
• Any supporting documentation or evidence that substantiates the user’s claims and the necessity for an expedited process.
Review and Decision
• Requests for expedited processing will be reviewed by a dedicated team within 5 business days of submission.
• Decisions will be communicated clearly to the user with an explanation of the reasons for the decision.
• If a request is approved, the dispute will be fast-tracked according to modified procedures that may include remote mediation or a simplified review process.
Transparency and Fairness
• All users, regardless of their account type (paid or free) or the duration of their use of our platform, are entitled to request consideration under this framework.
• We commit to treating each request with fairness and integrity, assessing each based on the merits of the information provided without bias.
Continuous Improvement
• We will regularly review the outcomes and feedback from the expedited dispute resolution process to ensure it meets our standards of fairness and effectiveness.
• Adjustments will be made as necessary to improve the process and address any emerging needs or challenges.
13.14 ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH AI Kid Voice, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AI Kid Voice.
(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved by Pre-Litigation or in small claims court will be resolved through binding arbitration on an individual basis, except that you and AI Kid Voice are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) Arbitration Rules. This arbitration provision is governed by applicable arbitration laws, including the Federal Arbitration Act for U.S. users and equivalent arbitration laws for international users. Arbitration will be initiated through the International Chamber of Commerce (“ICC”) or, if applicable, the Center for Effective Dispute Resolution (“CEDR”). The rules of the chosen arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms.
(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and AI Kid Voice. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and AI Kid Voice.
(d) Jury Trial Waiver. You and AI Kid Voice waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and AI Kid Voice elect to have claims and disputes resolved by arbitration. In any litigation between you and AI Kid Voice over whether to vacate or enforce an arbitration award, you and AI Kid Voice waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND AI Kid Voice AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor AI Kid Voice are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.
(f) Small Claims Court. Notwithstanding the foregoing, either you or AI Kid Voice may bring an individual action in small claims court.
(g) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with AI Kid Voice.
(h) Each party will bear its own attorney fees and costs, and neither party may request or demand the attorney fees of the other party, regardless of the outcome of the arbitration, except that the arbitrator at his own discretion, if not directly requested, may award fees and costs—or partial fees and costs—if he feels that the claim was meritless, or frivolous, or abusive, or that it was brought about more as a means of enriching the claimant and their counsel than as a means of rectifying bona fide damage, or that it was otherwise brought for an improper as measured by the standards set forth in Federal Rule of Civil Procedure 11(b).
13.15 EXCLUSIVE VENUE
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and AI Kid Voice agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of Florida.
13.16 CHOICE OF LAW
Except to the extent they are preempted by U.S. federal law, the laws of Florida, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
13.17 SEVERABILITY
If any part of these Terms is found to be invalid or unenforceable, that part will be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the remainder of the Terms will continue in full force and effect and be enforceable. In no event shall any such modification or elimination affect the validity and enforceability of any other provision or sub-subsection.
13.18 STATUTE OF LIMITATION
Any claim or cause of action arising out of or related to your use of AI Kid Voice’s services or these Terms must be filed within one (1) year and twenty-eight (28) days after such claim or cause of action arose. Any claim or cause of action not filed within this time period will be forever barred. This limitation period shall not apply where prohibited by law.
13.19 TERMS GOVERN PAST DISPUTES
These terms, including its specific arbitration and pre-dispute rules as of this date, apply to all users, regardless of when they initially agreed to these Terms or when their dispute-related events occurred. The governing terms will be those in effect at the time legal notice is given to lock in the terms of such a date. This ensures consistency and fairness in resolving disputes under the most current terms with fewer administrative burdens on parties to retain multiple versions of terms. By continuing to use AI Kid Voice’s services and not providing us with notice of termination, you agree that these terms and their arbitration provisions apply for past disputes.
13.20 UNCONSCIONABILITY CHALLENGES
AI Kid Voice strives to provide ethical and conscionable terms in our agreements. Your notification must include a detailed description of the specific term or phrase that you find objectionable, along with proper reasoning and explanation.
Upon receiving your notification, AI Kid Voice will have the opportunity to propose individualized redlines to the terms for your specific situation. If you agree to our proposed redlines via email, you waive any further right to challenge the conscionability of these terms. Furthermore, you agree not to challenge the conscionability of these terms without first informing us in accordance with this section and providing us with a reasonable opportunity to respond.
This process ensures that any concerns regarding the conscionability of the terms are addressed promptly and fairly, rather than in the midst of litigation, and that users considering signing up do not experience a “take-it-or-leave-it” approach to our terms, fostering a cooperative and transparent relationship between us and our users.
These Terms are effective and were last updated on November 29, 2024