These Gen AI Pro Terms of Service ("Terms") are between you ("you" or "your") and Gen AI Pro ("Gen AI Pro", "we", "us", or "our"). By accessing or using our Services (defined below) in any way, by completing the account registration process, or by browsing the Website (defined below), you agree to be bound by these Terms.
IMPORTANT NOTICES:
- IF YOU SUBSCRIBE TO ANY FEATURE FOR A TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED UNLESS YOU CANCEL
- THESE TERMS CONTAIN LIMITATIONS OF LIABILITY IN SECTION 11
- SECTION 12 CONTAINS AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
These Terms apply to your access to and use of Gen AI Pro:
- Website located at genaipro.co and all associated web pages (the "Website"); and
- Services and products accessible via the Website or our APIs (together with the Website, the "Services")
We may indicate that different or additional terms apply in relation to your access to and use of some or all of our Services ("Supplemental Terms"), including our Service-Specific Terms, Prohibited Use Policy, Voice Library Addendum, Beta Services Addendum, Data Processing Addendum, and any other terms disclosed within the Services.
1. Eligibility and Use Restrictions
(a) Age
If you are under 18 years of age (or the age of legal majority where you live), you may not use our Services.
(b) Authorization
If you register, access or use our Services on behalf of another person or entity, (i) all references to "you" throughout these Terms will include that person or entity, (ii) you represent that you are authorized to enter into these Terms on that person's or entity's behalf, and (iii) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us.
(c) Use Restrictions
Your access to and use of the Services must comply with these Terms. Without limiting the foregoing:
- If you access or use our Services free of charge (a "Free User"), you may only use the Services for non-commercial purposes
- If you access or use our Services through a paid subscription plan (a "Paid User"), you may use the Services for commercial purposes
- In either case, your use must comply with the Prohibited Use Policy
2. Personal Data
You may provide certain information to Gen AI Pro in connection with your access to or use of our Services. You agree to receive communications from Gen AI Pro via the Services using the email address or other contact information you provide.
You represent and warrant that any information that you provide to Gen AI Pro in connection with the Services is accurate. For information about how we collect, use, share, and otherwise process information about you, please review our Privacy Policy.
3. Accounts
We may require that you create an account in order to use some or all of our Services. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
Important: If your account is closed or terminated, you will forfeit all unused credits related to our Services (including character credits) associated with your account.
4. Content and User Voice Models; Models
(a) Inputs and Outputs
You may transmit or otherwise provide data and information as input to our Services ("Input"). When you provide Input to the Services, you may receive audio output generated and returned by one or more Voice Models, or text output generated and returned by one or more LLMs, based on Input ("Output") (Input and Output, collectively, the "Content").
Input may include, without limitation, recordings of your voice, text descriptions, or any other content that you may provide to us through the Services. Your access to and use of the Services is subject to our Prohibited Use Policy.
(b) User Voice Models
Some of our Services allow you to create a voice model that can be used to generate Output in the form of synthetic audio sounding like your voice or a voice you are authorized to share with us (a "User Voice Model"). To create a User Voice Model through our Services, you may be asked to upload audio recordings.
For more information on how we collect, use, share, retain, and destroy your audio recordings, please see the Voice Processing Notice in our Privacy Policy. You may request deletion of your User Voice Models through your account.
(c) Rights to your Content
(i) Except as expressly set forth herein, as between you and Gen AI Pro, you retain all rights in and to your Input.
(ii) For the avoidance of doubt, Output may be generated by, but does not include, Gen AI Pro's foundational and other artificial intelligence voice models (the "Voice Models") or Gen AI Pro's foundational and other artificial intelligence or language learning models ("LLMs"). Except as expressly set forth herein, as between you and Gen AI Pro, you retain all rights in and to your Output.
(d) License to Your Content
You hereby grant to Gen AI Pro a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use your Input to provide the Services, to improve the Services, and to develop new services and products.
For avoidance of doubt, to the extent that your Input includes your voice, the foregoing license allows Gen AI Pro to reproduce, modify, publish, create derivative works from, distribute, publicly or otherwise perform, and use your voice to provide and improve the Services. Notwithstanding the foregoing, we will not commercialize your voice on a standalone basis without your permission.
Such license shall be:
- Perpetual and irrevocable
- Nonexclusive
- Royalty-free and fully paid
- Worldwide
- Sub-licensable, through multiple tiers
(e) License to User Voice Models
To the extent you own or acquire any intellectual property rights in or to any User Voice Models, you hereby grant to Gen AI Pro a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use the User Voice Models to provide the Services to you, to improve the Services, and to develop new services and products.
(f) Necessary Rights
You may not provide Input or create Output for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that the Content and User Voice Models, and our use of the Content and User Voice Models, will not violate any rights of any person or entity, or cause injury to any person or entity.
(g) No PHI
You may not provide any Input that includes protected health information as defined by HIPAA except as permitted by an executed HIPAA BAA.
(h) Data Deletion and Opt Out
You may request for us to delete your personal data as required under applicable law. Please see our Privacy Policy for more information. In addition, you may opt out of our use of your Content for training at any time through your account settings.
(i) Moderation
We do not undertake to review all Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Content. Although we have no obligation to screen, edit, or monitor Content, we may:
- Delete or remove Content or refuse to post any Content at any time
- Terminate or suspend your access to all or part of the Services
- Take any action necessary to ensure compliance with applicable law and these Terms
- Cooperate fully with any law enforcement authorities or court orders
5. Our Intellectual Property
(a) Ownership
The Services, including all content contained therein, and all intellectual property rights therein and thereto, are owned by Gen AI Pro or our licensors. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.
(b) Limited License
Subject to your compliance with these Terms, Gen AI Pro hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services. Any use of the Services other than as specifically authorized herein is strictly prohibited.
(c) Trademarks
The name "Gen AI Pro" and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Gen AI Pro and may not be copied, imitated or used without our prior written permission. All other trademarks are the property of their respective owners.
(d) Feedback
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, or other information about Gen AI Pro or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. Gen AI Pro will exclusively own any improvements based on the Feedback. You understand that Gen AI Pro may treat any Feedback as nonconfidential.
6. Subscription Services; Payment
(a) Subscriptions
To access and use certain Services, you may be required to enroll in a subscription payment plan (a "Recurring Subscription"). Your Recurring Subscription will automatically renew until you cancel it or your Recurring Subscription is otherwise terminated.
You authorize us to store your payment method information and to automatically charge your payment method(s) for the amount of your Recurring Subscription. You may cancel your subscription through your account.
Cancellation Policy: You may cancel a Recurring Subscription at any time, but if you cancel before the end of the current subscription period, we will not refund any subscription fees already paid. Following cancellation, you will continue to have access through the end of your current subscription period.
Gen AI Pro may change subscription prices at any time by posting updated pricing. The prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid.
If you do not agree to price changes, you must cancel your Recurring Subscription at least 7 days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price.
(b) Other Usage Charges
In the event your usage exceeds the volume provided under your Recurring Subscription, you will be charged usage overage fees, as indicated to you upon subscribing. You hereby authorize us to charge your payment method on file for these charges.
(c) Payment
You represent and warrant that you have the right to use any payment method that you submit. You authorize us to charge your payment method for any charges you are responsible for under these Terms. You agree to pay all charges incurred by you, including applicable taxes.
(d) Refunds and Exchanges
All sales are final. We may offer refunds at our sole discretion.
(e) Reservation of Rights
Gen AI Pro reserves the right to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for services; and to refuse to provide any user with any Service.
7. Copyright Complaints
(a) Our Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who infringe the intellectual property rights of others.
(b) Reporting Claims of Copyright Infringement
If you believe that any content on our Services infringe any copyright that you own or control, you may notify Gen AI Pro's designated agent by email at: info@genaipro.co
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to Gen AI Pro for certain costs and damages.
8. Third-Party Services and Content
(a) Our Services rely on or interoperate with third-party products and services, including data storage services, communications technologies, third-party LLM providers, and internet and mobile operators (collectively, "Third-Party Services"). These Third-Party Services are beyond our control.
(b) We may provide information about or links to third-party products, services, or content (collectively, "Third-Party Content"). Your dealings with third parties and your use of Third-Party Content are solely between you and the third party.
(c) We have no obligation to monitor Third-Party Services or Third-Party Content. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms.
9. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend (at our option), and hold harmless Gen AI Pro and our officers, directors, partners, licensors, employees and agents from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to:
- Your access to or use of the Services
- The Content or Feedback
- Your violation of these Terms
- Your violation of any rights of another
- Your conduct in connection with the Services
10. Disclaimers
IMPORTANT: Your use of our Services is at your sole risk. To the fullest extent permitted under applicable law, our Services are provided "as is" and "as available" without warranties of any kind, either express or implied.
Gen AI Pro disclaims all warranties with respect to the Services, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Gen AI Pro does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free or that access will be uninterrupted.
While Gen AI Pro attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services are free of viruses or other harmful components.
Due to the nature of machine learning, the Output generated by you using the Services may not be unique across users. Two different parties may receive the same or similar Output after submitting their respective Inputs.
11. Limitation of Liability
(a) To the fullest extent permitted by applicable law, Gen AI Pro will not be liable to you under any theory of liability for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Gen AI Pro has been advised of the possibility of such damages.
(b) The total liability of Gen AI Pro for any claim arising out of or relating to these Terms or our Services is limited to the greater of:
- One Hundred United States Dollars ($100 USD); and
- The amount paid by you to use our Services in the 12 months preceding the claim
12. Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. It requires you and Gen AI Pro to arbitrate certain disputes and claims and limits the manner in which we can seek relief from each other. Arbitration precludes you and Gen AI Pro from suing in court or having a jury trial.
You and Gen AI Pro agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. YOU ARE WAIVING YOUR RIGHT TO TRIAL BY JURY.
(a) Informal Dispute Resolution Prior to Arbitration
For any dispute or claim between you and Gen AI Pro (collectively, "Disputes"), you and Gen AI Pro agree to attempt to first resolve the Claim informally:
- If you assert a Dispute, you will first contact Gen AI Pro by sending a written notice to info@genaipro.co
- If Gen AI Pro asserts a Dispute, we will contact you via email
- If you and Gen AI Pro cannot reach an agreement within 30 days, then either party may submit the Dispute to binding arbitration
(b) Disputes Subject to Binding Arbitration; Exceptions
Except for individual disputes that qualify for small claims court and any disputes exclusively related to intellectual property, all Disputes that are not resolved informally will be resolved by binding arbitration instead of in a court.
The arbitration shall be administered by a neutral arbitration service. You and Gen AI Pro agree that all materials and documents exchanged during arbitration proceedings shall be kept confidential.
(c) Opting Out of Arbitration
You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice via email to info@genaipro.co. The notice must clearly indicate your intent to opt out of binding arbitration.
(d) Rejection of Future Arbitration Changes
You may reject any change we make to Section 12 by sending us notice within 30 days of the change by email to info@genaipro.co.
(e) Severability
If any portion of this Section 12 is found to be unenforceable or unlawful, the unenforceable provision will be severed from these Terms, and severance will have no impact on the remainder of this Section 12.
(f) Waiver of Jury Trial
YOU AND GEN AI PRO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
(g) Waiver of Class and Other Non-Individualized Relief
YOU AND GEN AI PRO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
13. Governing Law
Any Claims will be governed by and construed in accordance with the laws applicable in your jurisdiction, without regard to conflict of law rules. If any Claim is not subject to arbitration, then the applicable courts will have jurisdiction.
14. Modifying and Terminating Our Services
We may:
- Modify, impose limits on, replace, upgrade, update, suspend, or terminate all or part of our Services at any time
- Charge, modify, or waive any fees required to use the Services
- Offer opportunities to some or all users
All modifications will be governed by these Terms unless otherwise stated. We are not responsible for any loss or harm related to your inability to access or use our Services.
15. Export Control
You are responsible for compliance with applicable export controls. You represent and warrant that you are not located in a country subject to economic sanctions or trade embargoes, that you are not listed on any sanctioned individuals list, and that you will comply fully with all relevant export laws.
16. Miscellaneous
(a) Gen AI Pro's failure to exercise any right or provision of these Terms will not operate as a waiver. These Terms reflect the entire agreement between the parties and supersede all prior agreements. Communications and transactions between us may be conducted electronically.
(b) Section titles are for convenience only and have no legal effect. Lists following "including" or "e.g." are not exhaustive. All monetary amounts are in U.S. dollars.
(c) If any portion of these Terms is found to be unenforceable, it will be severed and the remainder will remain in effect.
(d) Contact Information: If you have a question or complaint regarding the Services, please send an email to info@genaipro.co
17. Additional Terms Applicable to Mobile Devices
If you download our mobile application ("Mobile App") from an app store ("App Store"), you acknowledge that the availability of the Mobile App is dependent on the App Store and these Terms are between you and Gen AI Pro, not the App Store. Gen AI Pro is solely responsible for the Services and Mobile App.
You must have access to a wireless network and agree to pay all fees associated with such access. You agree to comply with all App Store terms.
(a) Apple App Store
The following terms apply if you download our Mobile App from Apple:
- You acknowledge these Terms are between us, not Apple
- The license is limited to use on Apple devices you own or control
- Apple has no obligation to provide maintenance and support
- Apple is not responsible for product warranties
- Gen AI Pro, not Apple, is responsible for addressing claims
- Gen AI Pro is responsible for intellectual property infringement claims
- Apple and its subsidiaries are third-party beneficiaries of these Terms
(b) Google Play Store
The following terms apply if you download from Google Play:
- Google Play Terms apply to the extent of any conflict
- Google has no responsibility or liability related to compliance
For questions or concerns, please contact us at: info@genaipro.co