Terms of Service
Last Update: October 30, 2026
Version 2026-11-03, in effect from 3 November 2026.
INTRODUCTION AND ACCEPTANCE
1.1 Parties and Scope
These Terms of Service (“Terms”) are entered into by and between you (“User,” “you,” or “your”) and Everyrealm Inc. (“Company,” “Spokked,” “we,” “our,” or “us”). They govern your access to and use of Spokked’s websites, accounts, applications, software, browser extensions, integrations, and related content, functionality, products, and services, whether accessed directly or through third-party platforms, operating systems, devices, or communication services, as made available by us from time to time (collectively, the “Service”).
Spokked is an AI-powered communication tool intended for professional and business use. It processes speech into text, translates that text, and generates synthetic speech using an available stock voice or, where enabled, a synthetic version of the account holder’s own voice. Optional features may provide translated subtitles or translated audio of other meeting participants.
1.2 Acceptance and Authority
Before creating an account or activating the Service, you must affirmatively accept these Terms through the acceptance mechanism we provide. By accepting, you agree to be bound by these Terms and the documents expressly incorporated by reference. If you do not agree, you must not activate or use the Service.
If you accept on behalf of a company or other organization, you represent and warrant that you have authority to bind it. In that case, “you” includes that organization, and it is responsible for use by its authorized users. Each person using an individual account must also comply with these Terms.
1.3 Related Documents
Our Privacy Policy, accessible through the Service, explains the collection, use, disclosure, retention, and deletion of personal information and is incorporated by reference for those matters. Any applicable checkout disclosures, subscription terms, and written order forms accepted by both parties also form part of the agreement within their stated scope. Information provided to other meeting participants does not replace any notice, consent, or authorization required under Section 5.
THESE TERMS INCLUDE IMPORTANT DISCLAIMERS, LIMITATIONS OF LIABILITY, AND AN AGREEMENT TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION, SUBJECT TO THE EXCEPTIONS AND OPT-OUT RIGHT IN SECTION 13.
1.4 Glossary of Defined Terms
The following definitions supplement those provided elsewhere in these Terms. References to particular features or technologies apply only where made available through the Service.
AI Output or Output means transcriptions, translations, subtitles, Synthetic Speech, and other content generated through the Service’s artificial intelligence functions.
Billing Balance means a monetary credit, if any, applied toward amounts payable for a purchase or Subscription, distinct from Credits used to measure Service usage.
Billing Period means the recurring subscription interval disclosed and accepted at checkout.
ElevenLabs Technology means the software, models, application programming interfaces, and related speech and voice technologies provided by ElevenLabs and used to deliver functions through the Service.
Meeting means a call, conference, conversation, or other supported communication session in which the Service is used.
Participant means an individual taking part in a Meeting whose speech or Personal Information is processed through the Service or who receives its translated or synthetic speech. Participation alone does not make that individual a party to these Terms.
Personal Information or Personal Data means information protected as personal information or personal data under applicable law.
Personalized Voice means a synthetic voice created from an eligible account holder’s own voice recordings for use through authorized Service functionality.
Sensitive Information means Personal Information subject to heightened protection under applicable law, including biometric or other special-category information where the applicable legal criteria are met.
Stock Voice means a pre-existing synthetic voice made available for selection through the Service.
Synthetic Speech means artificially generated speech, including audio produced using a Stock Voice or Personalized Voice.
Third-Party Platform means an external communication platform, browser, operating system, application, or other service used in connection with Spokked.
Voice Data means voice recordings, samples, derived voice characteristics, Voice Models, and related verification information processed through the Service.
Voice Model means a technical representation derived from voice samples and used to generate Synthetic Speech.
ELIGIBILITY AND GEOGRAPHIC SCOPE
2.1 Age and Legal Capacity
You must be at least eighteen (18) years old and capable of entering into a legally binding agreement. You represent that you meet these requirements and that the information you provide is accurate. You may not create a voice model of a person under eighteen (18).
2.2 Professional and Business Purposes
The Service is offered for your own internal professional or business operations, including work performed as a freelancer, independent contractor, or employee. It is not offered for personal, family, or household use. You may communicate with clients, colleagues, and other participants through authorized features, but may not resell the underlying Service, operate a competing translation service using it, or give others independent access to our providers’ technology.
2.3 Availability and Restricted Access
Availability may vary by country, language, device, feature, or provider. We do not represent that the Service is appropriate or available in every jurisdiction. You are responsible for determining whether your intended use is lawful where you and the relevant participants are located. We may restrict access where necessary to comply with law, sanctions, provider restrictions, or security requirements.
You must not use the Service in violation of applicable export controls or sanctions, including applicable U.S. restrictions, or on behalf of a prohibited person or entity. You must not misrepresent your location or identity to evade such restrictions.
2.4 Government Use
You may not purchase or use the Service on behalf of a government entity without our prior written approval and any required provider authorization. This restriction includes governmental bodies, public authorities, intergovernmental organizations, and government-owned or controlled entities performing public or governmental functions.
CHANGES TO THESE TERMS
We may revise these Terms to reflect changes in the Service, our business, provider requirements, or applicable law. Each revised version will identify its effective date.
We will provide reasonable advance notice of material changes through the Service or your account email, except where earlier implementation is reasonably necessary for legal, security, or abuse-prevention reasons. Where required by law or through the acceptance mechanism provided in the Service, you must affirmatively accept revised Terms before continuing to use the affected features.
Changes apply prospectively and will not retroactively alter the terms governing a dispute of which either party has already given written notice. If you do not accept a material change, you must stop using the affected Service and may cancel your subscription. Any refund rights under these Terms or applicable law remain unaffected. Changes to prices, credit allocations, and consumption rates are governed by Section 7.8.
ACCOUNT REGISTRATION AND SECURITY
4.1 Registration and Authentication
You must maintain an account and provide a valid email address to use account-based features. Spokked may authenticate access using a sign-in link sent to that address. Anyone with access to your email or an active sign-in link may be able to access your account. Protect your email, devices, sign-in links, and sessions, and do not share access credentials or links.
Keep your registration and billing information accurate and current. Unless expressly authorized, each account is for one individual and must not be shared. An organization must ensure that each authorized person uses the access arrangements we permit.
4.2 Account Responsibility
You are responsible for use you authorize or permit through your account and for taking reasonable steps to prevent unauthorized access. Notify us promptly at voice@spokked.ai if you suspect account compromise, unauthorized voice use, or another security incident. We may verify identity, restrict access, or require additional authentication to protect an account.
You must not create multiple accounts to obtain repeated introductory credits, use false identities, or circumvent payment, usage, verification, or security restrictions. We may suspend accounts reasonably associated with such conduct.
4.3 Devices and Platform Permissions
You are responsible for compatible equipment, an internet connection, software updates, and required operating-system, browser, microphone, audio-routing, and meeting permissions. Grant only permissions you understand and are authorized to grant. Your use must comply with applicable workplace policies, meeting-host requirements, and the terms of the platforms with which you use Spokked.
USER CONTENT VOICE AND PARTICIPANT CONSENT
5.1 User Content and Responsibility
“User Content” includes speech, audio, text, voice samples, consent recordings, and other materials you submit or cause the Service to process, together with associated transcriptions, translations, and synthetic speech where applicable. You retain any rights you have in your User Content, subject to the permissions granted in these Terms and applicable third-party rights.
You represent and warrant that you have the rights, authority, notices, and permissions needed for the processing you initiate. An account holder’s acceptance of these Terms does not constitute consent on behalf of other participants or waive their rights.
5.2 Permission to Process Content
You grant the Company a non-exclusive, limited permission to receive, transmit, host, reproduce, transcribe, translate, synthesize, and otherwise process User Content as reasonably necessary to provide and support the Service you request, maintain its security, investigate abuse, and comply with law, consistent with the Privacy Policy. This includes using contracted service providers for those purposes.
This permission does not transfer ownership of your voice or authorize us to sell your voice model as a standalone product, impersonate you independently of your authorized use, or use meeting content in advertising. It does not itself authorize training general-purpose AI models on your meeting content. Any such use must have an independently disclosed and legally sufficient basis and, where required, separate consent.
5.3 Your Own Voice Only
If you enable personalized voice synthesis, you may be asked to record a consent statement and a reading sample. By completing the voice-enrollment process and providing the required consent, you authorize creation and use of a synthetic voice model from your own recordings to generate translated speech through your account. Review the voice-processing notice presented during enrollment before proceeding.
You may submit only your own voice. You must not upload or record someone else’s voice to create a model, even if they have given you permission. Do not submit a celebrity’s voice, a colleague’s voice, a minor’s voice, or a recording obtained from another source. Stock voices made available through the Service may be used only within the permissions attached to those voices.
We may apply verification and abuse-prevention checks, request additional confirmation, refuse model creation, suspend synthesis, or delete a model if we reasonably suspect unauthorized use. Such checks do not guarantee that every misuse will be identified.
5.4 Synthetic Speech and Identity
Synthetic speech is generated by software and is not an original recording of the speaker saying the translated words. You must not represent it as an independently authenticated recording, use it to fabricate evidence, evade voice authentication, authorize transactions fraudulently, or falsely attribute statements or approval to another person.
Authorized translation of your own speech is permitted. However, you remain responsible for correcting material inaccuracies and avoiding misleading representations about what was originally said, intended, or agreed.
5.5 Participant Notices and Required Authorizations
You are responsible for providing all required notices and obtaining, before the relevant processing begins, all consents, permissions, releases, and other authorizations necessary for your use of the Service. These must satisfy applicable law, contractual obligations, professional duties, meeting policies, and applicable provider requirements identified in Section 10.
Each authorization must be obtained from the appropriate person or legally authorized representative and be sufficient in scope to cover the features you activate and the processing you initiate, including the capture, transmission, transcription, translation, and other processing of participants’ speech and personal information by the Company and its service providers. You must satisfy any applicable requirements concerning the authorization’s form, specificity, duration, documentation, and withdrawal.
Before activating features that process another participant’s speech, provide that participant with clear notice of the nature and purposes of the processing and access to any additional privacy information required by law. Disclose the use of AI-generated speech where required by applicable law, meeting rules, or applicable provider requirements. Ensure that required notices and authorizations cover participants joining by telephone or entering the meeting later.
You must not assume that Spokked or the meeting platform will notify participants or obtain authorization on your behalf. A participant’s attendance, silence, continued participation, the meeting host’s permission, or your acceptance of these Terms does not by itself establish legally sufficient consent or authority.
Where required, retain appropriate evidence of the notices and authorizations without collecting unnecessary personal information. Do not initiate or continue processing that lacks a required legal basis, exceeds an authorization’s scope, or continues after its expiration or withdrawal. If the necessary authority is absent, do not activate the affected feature or stop the relevant processing.
5.6 Objections and Withdrawal
If a participant asks not to have their speech processed or withdraws consent, promptly stop the affected processing. If the Service cannot exclude that participant’s audio, disable the relevant feature or stop using Spokked for the meeting. Do not resume the affected processing unless the objection has been resolved and all required permissions and consents are in place.
Respect meeting-host instructions and confidentiality obligations. Where consent or authority is uncertain, do not activate the affected feature until the issue is resolved. Participants may contact us at voice@spokked.ai regarding processing through Spokked, subject to the procedures in our Privacy Policy.
5.7 Confidential and Sensitive Conversations
You must not submit, transmit, or otherwise cause the Service to process information that you are prohibited from disclosing to the Company or its service providers. This includes information subject to confidentiality agreements, professional secrecy, legal privilege, trade-secret protections, contractual restrictions, or applicable data-protection or sector-specific requirements, unless you have established that the intended processing is permitted.
Before activating the Service in a confidential, privileged, regulated, or otherwise sensitive conversation, you are responsible for assessing whether its use is appropriate and ensuring that all required notices, permissions, consents, security measures, and contractual arrangements are in place.
Unless expressly agreed in a separate written agreement signed by an authorized representative of the Company, Spokked does not undertake any heightened confidentiality, professional-secrecy, data-localization, or sector-specific compliance obligation beyond those imposed by applicable law and expressly stated in our agreements. An ordinary subscription does not constitute a business associate agreement or other specialized regulated-data arrangement.
We do not guarantee that use of the Service will preserve legal privilege, satisfy your confidentiality obligations, or meet requirements applicable to a particular profession, industry, proceeding, or category of information. If the necessary authorization or safeguards are absent or uncertain, you must not process the affected information through the Service. Nothing in this Section limits obligations that applicable law imposes directly on the Company.
5.8 Deleting Your Voice
You may delete your personalized voice through the available account controls or contact support if those controls are unavailable. Once deletion takes effect, that model will no longer be available for new voice generation through your account. Deletion and any lawful retention of related records, security information, backups, or provider-held data are governed by the Privacy Policy. Deleting a model does not recall audio already transmitted to meeting participants or delete copies independently retained by others.
SERVICE FUNCTIONALITY AND AI DISCLAIMERS
6.1 How the Service Operates
Spokked provides AI-powered speech translation and related communication features through the applications, browser extensions, integrations, and other interfaces we make available from time to time. Depending on the enabled features, the Service may convert speech to text, translate it using AI, and generate synthetic speech using a selected stock or personalized voice. Optional features may also process other participants’ speech to provide subtitles, translated listening, or other supported functionality.
Supported applications, operating systems, devices, communication platforms, and features are identified through the Service or its accompanying documentation. Availability and functionality may vary by subscription plan, permissions, version, and configuration. References to planned functionality do not constitute a commitment to release a particular application, integration, or feature by a particular date.
The Service relies on internet connectivity, external platforms, and third-party speech, translation, voice, and other technologies, including ElevenLabs where used. Relevant providers and processing practices are described in the Privacy Policy. Availability limitations are addressed in Section 6.4, third-party dependencies in Section 10, and changes to the Service in Section 14.1.
6.2 Accuracy and Verification
AI-GENERATED OUTPUT MAY CONTAIN ERRORS, OMISSIONS, DISTORTIONS, OR DELAYS, AND MAY NOT ACCURATELY REFLECT WHAT A PARTICIPANT SAID OR INTENDED. Speech recognition may incorrectly identify speakers, words, names, numbers, or technical terminology. Translation may omit, add, or alter meaning, and synthetic speech may fail to reproduce the speaker’s intended tone, emphasis, emotion, or pronunciation. Errors may occur at any stage and may be compounded as information passes through speech recognition, translation, and voice generation.
Fluent, confident, or natural-sounding output does not establish accuracy, completeness, authenticity, or approval by the original speaker. Output may vary across languages, voices, sessions, settings, and software versions. The Service does not independently verify the truth of a statement or whether a participant has understood or agreed to it.
You are responsible for independently verifying material information before relying on it, communicating it to others, or taking action. This includes confirming amounts, dates, identities, commitments, obligations, instructions, and agreements directly with the relevant speaker and, where appropriate, obtaining confirmation in writing or assistance from a qualified human interpreter. You must not treat an AI-generated translation or synthetic voice as conclusive evidence of a person’s words, intentions, consent, or authorization.
If you identify a material error, promptly clarify it with affected participants and avoid further reliance on the affected output until it has been verified. Subject to applicable law and the limitations in these Terms, you remain responsible for your interpretation and use of the output and for decisions or actions you take in reliance on it.
6.3 Critical Decisions and Professional Interpretation
Spokked is not a certified interpreter, emergency service, medical service, legal adviser, or financial adviser. Do not rely on it as the sole or authoritative interpretation where an error could materially affect health, safety, liberty, legal rights, or financial interests. Use qualified human assistance and independently verify critical information as appropriate.
You must not use Spokked as a substitute where a qualified or certified interpreter is required, or where applicable law or a proceeding prohibits automated interpretation. Ordinary professional and commercial meetings remain permitted subject to these Terms and any applicable provider restrictions.
6.4 Availability and Beta Features
We do not guarantee uninterrupted availability, a particular response time, or continued compatibility with any specific device, operating system, browser, application, communication platform, integration, or third-party service, including any version, update, or configuration thereof. Maintenance, outages, network congestion, provider changes, third-party restrictions, and technical errors may affect the availability, functionality, or performance of the Service.
Features designated as beta, trial, experimental, or early access may be incomplete, contain defects, or operate differently from their intended functionality. We may modify, suspend, replace, or withdraw those features as the Service develops. No service-level, uptime, support, or performance commitment applies unless expressly agreed in a separate written agreement with the Company.
Changes affecting paid functionality remain subject to the applicable notice requirements and remedies in Sections 7 and 14. Nothing in this Section limits rights or remedies that cannot be excluded under applicable law.
SUBSCRIPTIONS CREDITS AND PAYMENTS
7.1 Plans and Introductory Credits
We may offer introductory credits to eligible new users to evaluate the Service. Unless a different offer is disclosed at registration, eligible new accounts receive fifty (50) introductory credits. Eligibility, the credit allocation, any expiration date, and other conditions applicable to an introductory offer will be disclosed when the offer is made. We may modify or discontinue introductory offers prospectively without reducing credits already granted during their disclosed validity period.
Introductory credits are granted once per eligible user, have no cash value, are non-transferable, and cannot be redeemed for money or combined with other offers unless expressly permitted. You must not create duplicate accounts, use false information, or otherwise circumvent eligibility restrictions to obtain additional credits. We may withhold or revoke credits obtained through fraud, misuse, or violation of these Terms.
The amount of Service usage available from introductory credits depends on the features activated and the applicable consumption rates described in Section 7.2. Any estimate expressed in minutes is illustrative and does not guarantee a particular duration of use. Receiving introductory credits does not itself enroll you in a paid subscription or authorize a charge.
Paid subscription plans are billed monthly unless another billing interval is expressly disclosed and accepted at checkout. Each plan includes the features and credit allocation identified before purchase. Subscription renewal, credit consumption and expiration, cancellation, and plan changes are governed by the applicable provisions of this Section 7.
Prices are stated in U.S. dollars unless otherwise indicated. Checkout may display and charge an amount in your local currency under the payment provider’s applicable conversion terms. Before you complete a purchase, checkout will disclose the amount payable, currency, billing interval, included credits, applicable taxes, and any additional purchase conditions. Review those disclosures before confirming your order.
7.2 Credit Consumption and Expiration
Unless a different rate is disclosed for the applicable purchase or plan, the Service consumes ten (10) credits per minute, increasing to twenty (20) credits per minute while translated listening is also enabled. Applicable feature-specific rates and billing increments will be disclosed before purchase or activation of the relevant feature. Changes to consumption rates are subject to Section 7.8. We may pause or restrict affected functionality when available credits are exhausted.
Subscription credits are valid only for the billing period for which they are issued. Unused subscription credits expire at renewal and do not roll over; upon cancellation, they remain available until the paid period ends, unless your account is deleted or access otherwise ends under these Terms. Separately purchased credit packs expire twelve (12) months after purchase and are consumed after available subscription credits. Expiration and forfeiture remain subject to applicable law and any refund rights under these Terms.
Credits represent a limited right to use the Service, have no cash value, and may not be transferred, resold, or redeemed for money. Refunds are available only as expressly provided in these Terms or required by law. If you believe credits have been deducted incorrectly, contact support promptly so we can investigate and correct any confirmed error.
7.3 Automatic Renewal and Cancellation
BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE RECURRING CHARGES AT THE PRICE AND BILLING INTERVAL DISCLOSED AT CHECKOUT, PLUS APPLICABLE TAXES, USING YOUR AUTHORIZED PAYMENT METHOD. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS FOR SUCCESSIVE BILLING PERIODS UNTIL YOU CANCEL. ANY PRICE CHANGE IS SUBJECT TO SECTION 7.8.
You may cancel at any time through your account billing controls or the applicable payment-provider subscription portal. To prevent the next renewal charge, complete cancellation before the next billing period begins. Cancellation stops future renewals, and your subscription remains active until the end of the period already paid for, unless your account is deleted or access otherwise ends under these Terms.
If the cancellation controls are unavailable or do not work, contact voice@spokked.ai to request cancellation. Cancellation does not itself entitle you to a refund of previous charges, except as expressly provided in these Terms or required by law.
7.4 Upgrades and Downgrades
An upgrade ordinarily takes effect immediately, with charges and credits prorated for the remainder of the billing period as disclosed when you confirm the change. A downgrade ordinarily takes effect at the next renewal. Review the confirmation screen for the amount due, effective date, and resulting credit allocation before accepting a change.
7.5 Payment Provider and Taxes
Spokked uses Stripe Managed Payments, with Sold through Link, LLC, a Stripe company, acting as the merchant of record for purchases through the Service. Stripe and its applicable affiliates handle payment processing, applicable transaction-tax calculation and collection, fraud checks, payment disputes, and payment-related support. Spokked remains the provider of the Service and is responsible for product functionality and technical support. The payment and buyer terms presented at checkout, including the applicable terms available at https://stripe.com/legal/consumer govern those payment services within their stated scope.
Applicable sales tax, VAT, GST, and other transaction taxes are calculated and displayed at checkout where required and collected and remitted through the applicable merchant-of-record arrangement. You must provide accurate billing, location, and tax information, including any valid exemption documentation where applicable. You remain responsible for taxes legally payable by you that are not collected through checkout, excluding taxes on the Company’s net income.
7.6 Failed Payments and Billing Issues
If a renewal payment fails, the payment provider may retry it under the applicable billing configuration, ordinarily for up to two weeks. We may restrict paid functionality while payment remains overdue and cancel the subscription if collection is unsuccessful. You remain responsible for valid amounts accrued before cancellation. Tell us promptly about disputed or apparently unauthorized charges; this does not limit statutory dispute rights.
7.7 Refunds and Credit Adjustments
Except as required by law, expressly offered at checkout, or provided under Section 7.8, subscription fees and credit-pack purchases are non-refundable. The payment provider or merchant of record may also issue refunds under its applicable terms. Nothing in this Section limits a mandatory cancellation, withdrawal, refund, or payment-dispute right.
A full refund reverses the unused Service credits attributable to the refunded payment. A partial refund reverses the corresponding proportion of unused credits directly purchased by that payment. Any monetary credit applied toward subscription fees is a billing balance and is distinct from the Service usage credits described in Section 7.2. Refunding a payment that created a billing balance does not automatically reverse Service credits issued for a different billing period, except as described below. Previously consumed credits may be considered in calculating a refund only where legally permitted.
A full refund of the subscription payment for the current billing period, or of an earlier payment whose billing balance funded that period, ends the subscription immediately. Any undisputed upgrade charge for that period will also be refunded. A full refund of an upgrade payment removes the related unused credits and ordinarily schedules a return to the preceding plan at the next renewal, subject to any existing cancellation, scheduled plan change, or overdue payment. We or the payment provider will communicate the resulting billing and access adjustments. No adjustment overrides mandatory rights.
7.8 Price and Material Service Changes
We may change subscription prices, included credit allocations, or credit-consumption rates for future billing periods after at least thirty (30) days’ advance notice, or a longer period if required by law. You may cancel before the change takes effect. We will obtain renewed authorization where required.
Changes will not retroactively increase charges, reduce credits already issued for a paid billing period, or increase the consumption rates applicable to those credits during that period. Separately purchased credit packs retain the allocation, consumption rates, and validity disclosed at purchase until they are used or expire. These protections do not prevent restrictions or revocation expressly permitted under these Terms in response to fraud or misuse, or changes required by law.
If we permanently discontinue a material paid feature without a reasonably comparable alternative, discontinue the Service, or terminate your access for reasons unrelated to your breach, we will refund the unused prepaid portion of the affected subscription and the purchase value attributable to unused, unexpired purchased credits that can no longer be used. Refunds will reflect the portion of the Service affected and will not result in double recovery. Introductory or promotional credits have no refundable cash value. We may offer a service credit instead of a refund if you agree.
We will provide reasonable advance notice of discontinuation where practicable. Nothing in this Section limits additional remedies required by applicable law.
7.9 Account Deletion
Deleting your account immediately terminates your access to the Service, cancels the associated subscription and future renewals, and forfeits any remaining subscription, introductory, or separately purchased credits, except where applicable law or these Terms require otherwise. Account deletion does not itself entitle you to a refund or release you from payment obligations validly accrued before deletion.
If you wish to stop future renewals while retaining access for the remainder of your paid period, cancel your subscription under Section 7.3 rather than delete your account. Personal information associated with a deleted account is handled in accordance with the Privacy Policy, including applicable deletion procedures and lawful retention requirements.
INTELLECTUAL PROPERTY AND PERMITTED USE
8.1 Company and Provider Rights
The Service, including its software, source and object code, interfaces, designs, documentation, underlying technologies, trademarks, logos, and branding, and any updates or improvements thereto, is owned by the Company or its licensors and is protected by applicable intellectual property laws.
Except for the limited license expressly granted in these Terms, no ownership, license, or other rights in the Service or any underlying third-party technology are transferred to you, whether by implication, estoppel, or otherwise. You must not remove, obscure, or alter proprietary notices or claim ownership of the Service or its components.
These provisions do not transfer to the Company any rights you retain in your User Content, voice, or identity. The permissions applicable to User Content and personalized voice processing are addressed in Section 5. All rights not expressly granted are reserved.
8.2 Limited License
Subject to your compliance with these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service, including installing authorized applications, extensions, or other software we make available, solely for the professional or business purposes permitted under Section 2.
Your use must remain within the features, usage limits, and access permissions associated with your account or plan. You may not extract, separately access, or make available any underlying provider functionality, models, software, or technology independently of the Service, or resell, sublicense, rent, or otherwise commercialize access to the Service.
This license may be suspended or revoked in accordance with these Terms and automatically ends when your authorization to use the relevant Service ends. Restrictions in this Section remain subject to applicable law and the open-source licenses addressed in Section 8.4.
8.3 Output and Third-Party Rights
As between you and the Company, you retain any rights you have in the inputs you submit and the outputs generated for you, subject to the permissions granted under these Terms, applicable law, and third-party rights. We do not guarantee that AI-generated output is unique, original, eligible for intellectual property protection, or free from infringement. Similar or identical output may be generated for other users.
You are responsible for ensuring that your use, reproduction, disclosure, or distribution of inputs and outputs is authorized and complies with applicable restrictions. Processing information through the Service does not grant you rights in another person’s speech, voice, identity, likeness, intellectual property, or confidential information.
Rights in output do not include ownership of, or independent access to, the software, models, voice-generation technology, or other tools used to produce it. Nothing in this Section expands the permitted use of a personalized or stock voice beyond these Terms and applicable provider restrictions.
8.4 Open Source and Trademarks
Certain components of the Service may be provided under open-source or other third-party licenses. Those licenses govern the relevant components and prevail over conflicting restrictions in these Terms to the extent required by their terms. Applicable notices and license information will be made available as required.
Third-party names, trademarks, logos, and platform references remain the property of their respective owners. References to compatibility, integrations, or supported platforms are for identification and functional description and do not, by themselves, imply endorsement, sponsorship, certification, or affiliation.
8.5 Feedback and Infringement Reports
If you voluntarily submit suggestions or feedback about the Service, you grant us a perpetual, worldwide, non-exclusive, royalty-free right to use and adapt that feedback to operate, improve, and commercialize the Service without compensation. Meeting speech and other User Content do not become feedback merely because they are processed through the Service. This provision does not expand our rights to your personal information or voice model.
Report suspected infringement, unauthorized voice cloning, or misuse of your identity to voice@spokked.ai with sufficient information to identify the material and your concern. We may investigate, restrict access, preserve relevant evidence, or seek additional information as permitted by law.
PROHIBITED USES
9.1 Unlawful and Abusive Conduct
You must not use, or permit others to use, the Service to violate applicable law or infringe another person’s privacy, intellectual property, publicity, confidentiality, or other rights. Prohibited conduct includes harassment, threats, defamation, unlawful discrimination, exploitation, fraud, scams, and facilitating violence or other unlawful harm.
You must not capture, transmit, transcribe, translate, disclose, or otherwise process conversations or personal information without the notices, consents, permissions, and authority required under Section 5. This includes processing that exceeds the scope of an authorization or continues after its expiration or withdrawal. You must not use the Service for unlawful surveillance or to circumvent confidentiality obligations, professional duties, or meeting restrictions.
9.2 Voice and AI Misuse
You must not submit another person’s voice for personalized voice creation, create deceptive impersonations, fabricate consent, falsify evidence, or use synthetic speech to misrepresent a person’s identity, statements, intentions, approval, or authority. You must not use the Service to bypass identity checks, voice-authentication systems, security procedures, or transaction-authorization requirements.
Do not misleadingly present AI-generated output as an authentic original recording, a certified translation, or a statement independently reviewed or approved by the original speaker. You must not conceal the synthetic nature of speech where disclosure is required, remove required disclosures or authenticity indicators, or manipulate output to deceive participants.
Authorized translation of your own speech and use of stock voices remain permitted in accordance with these Terms. You must not knowingly exploit a translation or synthesis error to mislead another person.
9.3 Technical and Commercial Misuse
You must not interfere with the security, integrity, availability, or operation of the Service or its providers. Prohibited activities include:
- Circumventing usage limits, access restrictions, required notices, payment obligations, eligibility rules, or verification procedures;
- Accessing accounts, systems, networks, content, or data without authorization;
- Introducing malware, conducting denial-of-service attacks, or imposing an unreasonable load on the Service;
- Scraping, harvesting, or extracting protected content, personal information, credentials, or underlying models without authorization;
- Copying, modifying, reverse engineering, decompiling, disassembling, or attempting to derive source code or non-public components, except where expressly permitted by an applicable license or where such restriction is prohibited by law; or
- Sharing, exposing, or misusing credentials, access tokens, or provider API keys.
You must not resell, sublicense, rent, or otherwise commercialize access to the Service or make the underlying provider technology available independently of Spokked, whether as a standalone service or as part of another offering. You must not use access to the Service or its outputs to extract or replicate underlying models, or develop competing models where prohibited by applicable provider terms. Access is permitted only through interfaces, applications, and integrations we authorize.
9.4 Provider Policies and Enforcement
You must comply with the applicable provider restrictions identified in Section 10. Using Spokked to access third-party technology does not exempt you from those restrictions. You must not assist, encourage, or enable another person to engage in conduct prohibited by these Terms.
Where we reasonably suspect a violation, we may investigate, request information, restrict affected features, remove unauthorized voice models or other material, and suspend or terminate access in accordance with Section 14. We may act immediately where reasonably necessary to address unlawful processing, fraud, unauthorized voice use, a security threat, or a legal or provider requirement. Any preservation or disclosure of information will be subject to applicable law and the Privacy Policy.
Report suspected vulnerabilities privately to voice@spokked.ai. Do not exploit a vulnerability, access or retain information beyond what is reasonably necessary to identify the issue, disrupt the Service, or disclose another person’s information. These Terms do not authorize security testing outside any scope we expressly approve.
THIRD PARTY TECHNOLOGY AND PROVIDER REQUIREMENTS
10.1 External Platforms and Services
The Service may interact with or depend on third-party communication platforms, browsers, operating systems, applications, networks, and other external services. Your access to and use of those services are governed by their respective terms, privacy policies, permissions, and technical requirements. You are responsible for obtaining any necessary third-party accounts, licenses, subscriptions, and permissions and for complying with the conditions applicable to your use.
We do not control third-party services or guarantee their availability, security, functionality, or continued compatibility with Spokked. Changes to their interfaces, policies, permissions, pricing, or technical requirements may affect, restrict, or interrupt the Service or require changes to supported functionality. Any resulting material changes to paid functionality remain subject to the applicable provisions of these Terms.
Links, integrations, and compatibility references do not, by themselves, imply endorsement, sponsorship, affiliation, or approval by either party. Third parties remain responsible for their independent services and practices. Nothing in this Section excludes responsibilities that applicable law or our agreements impose on the Company in connection with its own conduct, provider selection, or processing of personal information.
10.2 ElevenLabs Restrictions
Where the Service uses ElevenLabs technology, the restrictions, obligations, and prohibitions governing your use of that technology and associated inputs and outputs are incorporated from the ElevenLabs Terms of Service at https://elevenlabs.io/terms-of-use and Prohibited Use Policy at https://elevenlabs.io/use-policy, including applicable updated versions, to the extent relevant to your use through Spokked. These are additional use restrictions; they do not replace our billing or dispute provisions with provisions intended solely for ElevenLabs’ direct customers.
You must not use ElevenLabs-powered functionality in a manner those restrictions prohibit. If a provider update materially affects permitted use, we will notify you where practicable and obtain renewed acceptance where required; if you cannot comply, stop using the affected feature. Our obligations to provide notices and remedies under these Terms remain applicable.
10.3 Provider Data Rights and Beneficiary Status
To the extent you use features powered by ElevenLabs, you grant ElevenLabs and its affiliates and subcontractors a non-exclusive right to receive, transmit, store, process, and use the data submitted through those features as necessary to provide and support the applicable services. Depending on the functionality used, this may include audio, text, voice samples, consent recordings, voice models, and generated output. Such processing remains subject to applicable law, the Privacy Policy, and the applicable provider agreements.
You represent and warrant that you have obtained all rights, permissions, and consents necessary to authorize that processing, including for information relating to other meeting participants, in accordance with Section 5. This permission does not transfer ownership of your content or voice and does not itself authorize unrelated advertising, independent exploitation of your identity, or general-purpose model training.
ElevenLabs is an intended third-party beneficiary of these Terms and may directly enforce the provisions applicable to its services, technology, and rights. Except as expressly stated, this status does not make ElevenLabs responsible for Spokked’s subscription obligations, product support, or other commitments to you.
Neither the Company nor you is authorized under these Terms to act as ElevenLabs’ agent, partner, or joint venturer, make commitments on its behalf, or represent that such a relationship exists.
10.4 Support and Provider Restrictions
Spokked is your initial point of contact for Service support. These Terms do not create an obligation for ElevenLabs or another provider to support you directly. A provider may restrict or suspend processing for legal, security, payment, or policy reasons, and we may need to restrict affected features accordingly, subject to applicable law and any remedies expressly provided here.
DISCLAIMERS LIMITATION OF LIABILITY AND INDEMNIFICATION
11.1 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ITS OUTPUTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT TRANSLATIONS, TRANSCRIPTIONS, VOICE OUTPUTS, OR VERIFICATION CHECKS WILL BE CORRECT, COMPLETE, AUTHENTIC, SECURE, UNINTERRUPTED, OR SUITABLE FOR ANY SPECIFIC DECISION, PROCEEDING, OR REGULATED USE. NO SUPPORT STATEMENT CREATES A WARRANTY UNLESS EXPRESSLY INCLUDED IN A WRITTEN AGREEMENT.
11.2 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND THE PERSONS IDENTIFIED IN SECTION 11.1 WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY.
This exclusion includes such losses arising from mistranslation, transcription errors, synthetic speech, outages, incompatibility, unauthorized account use, or third-party conduct, but does not exclude liability that cannot lawfully be excluded.
11.3 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND THE PERSONS IDENTIFIED IN SECTION 11.1 FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD 100). THIS IS AN AGGREGATE LIMIT, NOT A LIMIT PER CLAIM.
The exclusions and cap apply regardless of the legal theory, including contract, tort, or negligence, to the extent permitted by law. They reflect the allocation of risk underlying the Service’s pricing.
11.4 Mandatory Exceptions
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability to the extent it cannot lawfully be excluded or limited. Nothing waives mandatory statutory remedies or rights. Where an exclusion or limitation is prohibited, it applies only to the maximum lawful extent.
11.5 Business User Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, and agents against third-party claims and resulting damages, liabilities, settlements, and reasonable legal costs arising from your material breach of these Terms, unlawful use of the Service, infringement of another person’s rights, or failure to provide required notices or obtain required permissions or consents for processing you initiate.
This obligation does not apply to the extent a claim results from an indemnified party’s breach, negligence, or willful misconduct. We will give reasonably prompt notice of the claim, allow you to control its defense using competent counsel reasonably acceptable to us, and provide reasonable cooperation at your expense. A delay in notice relieves your obligation only to the extent it materially prejudices the defense.
You may not settle a claim in a way that admits fault by an indemnified party, imposes non-monetary obligations on it, or fails to release it fully without its prior written consent, not to be unreasonably withheld. We may participate with our own counsel at our expense or assume the defense where a material conflict or failure to defend reasonably requires it.
DATA PROTECTION AND PRIVACY
12.1 Privacy Policy and Processing Roles
Our Privacy Policy describes the personal information processed through Spokked, relevant providers, purposes, retention practices, international transfers, security measures, and available rights. These Terms do not constitute blanket consent to every type of processing or determine a statutory processing role contrary to the facts or applicable law.
For account administration, billing, security, and other purposes we independently determine, we act in the role described in the Privacy Policy. Where we process meeting content on behalf of a business customer and applicable law requires a data processing agreement, the parties must put that agreement in place before the relevant processing. A separately executed data processing agreement governs its subject matter in case of conflict.
12.2 Voice and Sensitive Information
Voice recordings, samples, personalized voice models, and information used for voice verification may constitute personal information and, depending on the processing and applicable law, biometric, sensitive, or special-category data. User Content processed during a meeting may also contain sensitive information about participants or other individuals.
Where additional legal requirements apply, the relevant processing must be supported by the required notices, consents, permissions, safeguards, and retention or deletion arrangements. These may include a separate written notice and express consent or written release before voice information is collected, used, or disclosed for a particular purpose.
Your responsibilities for obtaining the necessary authorizations are set out in Section 5. Authorization to translate a participant’s speech does not authorize creation of a reusable model of that participant’s voice.
The Privacy Policy and any applicable feature-specific notice explain the relevant processing practices and available choices. Nothing in these Terms replaces a separate consent required by law, overrides an individual’s privacy rights, or limits obligations imposed directly on the Company.
12.3 Retention Deletion and International Transfers
The Privacy Policy and any applicable data processing agreement describe retention periods, deletion procedures, provider processing, backup handling, and international transfer safeguards. Retention may differ for meeting content, voice models, consent records, and account or billing information. Deletion requests are subject to applicable legal requirements and the exceptions described in the Privacy Policy.
We will use the safeguards required by applicable law for transfers and processing. Use of the Service alone is not a substitute for a legally required transfer mechanism. You may submit privacy requests through the account controls or voice@spokked.ai, subject to reasonable identity verification and applicable exceptions.
12.4 Security and Independent Participant Conduct
We use reasonable safeguards appropriate to the processing and applicable legal requirements, but cannot guarantee absolute security. Report suspected incidents promptly. We do not control recording, screenshots, redistribution, or independent data handling by other meeting participants or external meeting platforms. Our own obligations are not waived by that limitation.
DISPUTE RESOLUTION AND GOVERNING LAW
13.1 Governing Law
These Terms and related contractual and non-contractual claims are governed by New York law, excluding conflict-of-law rules that would require another jurisdiction’s law, except to the extent mandatory law requires otherwise. The Federal Arbitration Act governs interpretation and enforcement of the arbitration agreement. Mandatory protections and access to regulators remain unaffected.
13.2 Informal Resolution
Before commencing arbitration, either party must send a written notice describing the dispute, relevant facts, contact details, and requested relief. Notices to us must be sent to voice@spokked.ai; we will use your account email. The parties will attempt in good faith to resolve the dispute for thirty (30) days after receipt. This process does not prevent urgent provisional relief, reporting to authorities, or filing necessary to preserve a limitation period.
13.3 Binding Individual Arbitration
Except as provided below or where prohibited by law, disputes arising from these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, or its Streamlined Rules where applicable. The rules are available at https://www.jamsadr.com. A single neutral arbitrator will conduct the proceedings in English, with the seat in New York County, New York, unless applicable mandatory rules require otherwise. Hearings may be remote by agreement or as permitted by the applicable rules.
The arbitrator may award remedies available under applicable law, subject to enforceable limitations in these Terms, and will issue a reasoned written award. A court with jurisdiction may enter judgment on the award. Questions concerning formation or enforceability of the arbitration agreement, including the class waiver, are for a court of competent jurisdiction.
To the extent permitted by law, the parties will keep non-public arbitration submissions, evidence, hearing materials, and awards confidential. Disclosure is permitted where reasonably necessary to obtain legal or professional advice, prepare or present a claim or defense, seek provisional relief, enforce or challenge an award, comply with law or legal process, or communicate with a regulator or other competent authority. This obligation does not restrict disclosure of information independently known or lawfully obtained outside the arbitration, reporting suspected unlawful conduct, or exercising a right that cannot lawfully be restricted.
13.4 Individual Claims and Jury Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE UNRELATED USERS’ CLAIMS WITHOUT ALL AFFECTED PARTIES’ CONSENT. BY AGREEING TO ARBITRATION, BOTH PARTIES WAIVE A COURT TRIAL AND JURY TRIAL FOR CLAIMS SUBJECT TO ARBITRATION.
This provision does not waive any non-waivable right to seek public injunctive relief or another remedy that cannot lawfully be restricted. If this waiver is unenforceable for a particular claim or remedy, that claim or remedy will proceed in court while remaining arbitrable claims proceed in arbitration, unless applicable law requires a different result.
13.5 Exceptions and Court Jurisdiction
Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or preliminary court relief to protect intellectual property, confidential information, or personal data pending arbitration. Nothing prevents a complaint to a regulator or enforcement by an authority.
For disputes not subject to arbitration, the parties submit to the state and federal courts located in New York County, New York, except where mandatory law permits or requires another forum. If a user is entitled to mandatory consumer protection notwithstanding the intended business scope, those protections, including applicable home-jurisdiction rights, remain available.
13.6 Fees and Applicable Fairness Rules
Arbitration fees and expenses will be allocated under the applicable JAMS rules and mandatory law. Each party ordinarily bears its own legal fees unless an award is authorized by law or agreement. Where JAMS Consumer Minimum Standards apply, those standards control any inconsistent provision, including location, remedies, and allocation of fees; the Company will pay the amounts those standards require. No provision requires a person to bear costs that would make arbitration unlawfully inaccessible.
13.7 Opt Out
You may opt out of arbitration and the associated class-action waiver by emailing voice@spokked.ai within thirty (30) days after first accepting these Terms. Include your name, account email, and an unambiguous statement that you opt out of Section 13’s arbitration and class-action waiver. Opting out does not affect other provisions or your access to the Service. We will not require renewed arbitration acceptance solely through an ordinary update if you have validly opted out.
13.8 Survival
This Section survives termination, subject to a valid opt-out and applicable law. If a provision is unenforceable, the remaining provisions continue to the extent consistent with the parties’ agreement and mandatory law.
TERMINATION MODIFICATION AND SUSPENSION
14.1 Service Changes
We may update, add, modify, replace, suspend, or discontinue the Service or any feature, integration, supported platform, or other functionality to improve or develop the Service, address technical or security issues, comply with applicable law or provider requirements, or respond to operational or business needs.
Where reasonably practicable, we will provide advance notice of changes that materially reduce functionality included in your paid plan. Notice may be provided through the Service or your account email. Changes necessary to address urgent legal, security, fraud, abuse, or third-party availability issues may take effect immediately; in those circumstances, we will provide notice as soon as reasonably practicable where appropriate and legally permitted.
Changes to prices, credit allocations, and consumption rates, and refunds or agreed service credits for unusable prepaid functionality, are governed by Section 7.8. Nothing in this Section overrides an express commitment in a separate written agreement or limits rights or remedies that cannot be excluded under applicable law.
14.2 Suspension or Termination by Company
We may suspend, restrict, or terminate your account or access to all or part of the Service if we reasonably believe that you have materially or repeatedly breached these Terms, failed to pay amounts when due, engaged in unauthorized voice use or unlawful processing, compromised security, or used the Service in a manner reasonably likely to harm the Company, its providers, participants, or other persons. We may also take such action where required by applicable law, a valid governmental order, or an applicable provider requirement.
Where reasonably practicable and appropriate, we will notify you of the reason and provide an opportunity to remedy a remediable breach. We may act immediately where continued access presents a legal, security, privacy, or fraud risk; where notice could compromise an investigation or protective measure; or where disclosure is legally restricted. Any restriction will be proportionate to the circumstances, and we may restore access if the underlying issue is resolved.
We may also terminate your access for operational or business reasons upon reasonable advance notice. Refunds arising from termination for reasons unrelated to your breach are governed by Section 7.8.
Suspension or termination does not relieve you of payment obligations validly accrued before that action. Where termination results from your breach, refunds remain subject to these Terms and applicable law; termination does not authorize forfeiture or retention of amounts where prohibited by law.
14.3 Termination by User
You may cancel a subscription or delete your account through available controls, or contact support. Cancellation and deletion have different effects under Sections 7.3 and 7.9. Stop using the Service if you no longer have the required authority or permissions.
14.4 Effect and Preservation of Records
When your access ends, your license ends and you must cease use of the affected functions. You remain liable for amounts validly accrued and breaches occurring before termination. Content deletion and any continued retention are governed by the Privacy Policy and applicable law. We may preserve relevant records for legal obligations, disputes, security investigations, or lawful requests, with appropriate restrictions.
NOTICES AND COMMUNICATIONS
15.1 Electronic Notices
You consent to receive account, security, billing, and legal communications electronically through your account email, in-Service messages, or other reasonably appropriate electronic methods, to the extent permitted by law. Keep your email current and monitor it. We will use direct notice where required by law or expressly promised in these Terms.
15.2 Marketing and Legal Notices
Marketing preferences and opt-out rights are described in the Privacy Policy. Accepting these Terms does not substitute for separate marketing consent where required. Essential transactional or security notices may continue after a marketing opt-out.
Send formal legal notices, disputes, privacy inquiries, and support requests to voice@spokked.ai. A notice must contain sufficient information to identify your account, if applicable, and the matter. Participants without an account may contact us using the same address. Nothing in this Section changes statutory service-of-process requirements.
WAIVER AND SEVERABILITY
A failure or delay to enforce a provision is not a waiver. A waiver must be express and applies only to the identified matter. Exercising one remedy does not prevent another lawful remedy.
If a provision is invalid or unenforceable, it will be limited to the minimum extent necessary where legally permitted, or severed if it cannot be enforced. The remainder continues, subject to the specific rules in Section 13. Nothing authorizes a court or arbitrator to rewrite a provision in a manner prohibited by law.
ENTIRE AGREEMENT AND GENERAL PROVISIONS
17.1 Entire Agreement
These Terms, the Privacy Policy, and the documents expressly incorporated within their stated scope constitute the entire agreement regarding the Service and supersede prior proposals and representations on that subject. A separately executed agreement may modify these Terms where it expressly states so. No informal support statement overrides an express contractual provision.
17.2 Assignment
You may not assign these Terms without our prior written consent, except where mandatory law provides otherwise. We may assign them to an affiliate or successor in a merger, reorganization, or sale of the relevant business, provided the assignment does not reduce your existing rights. We will provide notice where required. These Terms bind permitted successors and assigns.
17.3 Independent Relationship
Nothing creates an employment, agency, partnership, joint venture, or fiduciary relationship between you and the Company or a technology provider. No party may bind another without separate written authority.
17.4 Force Majeure
Neither party is responsible for delays or failures caused by events beyond its reasonable control, including natural disasters, war, governmental restrictions, or widespread telecommunications failures, to the extent legally permitted. The affected party must take reasonable steps to mitigate the impact. This does not excuse payment for Service already provided, remove mandatory security obligations, or override prepaid-service remedies.
17.5 Third Party Beneficiaries
ElevenLabs has the beneficiary rights expressly stated in Section 10.3. The protected persons identified in Section 11 are intended third-party beneficiaries of the disclaimers, limitations, and indemnification provisions protecting them and may enforce those provisions. Except as expressly stated in these Terms or required by applicable application-distribution terms, these Terms create no enforcement rights for third parties. Our use of a provider does not otherwise make you its agent or direct contracting customer.
SURVIVAL INTERPRETATION AND ORDER OF PRECEDENCE
18.1 Survival
Provisions that by their nature must survive continue after termination, including accrued payment obligations, intellectual property protections, restrictions on misuse of retained material, disclaimers, liability limitations, indemnification, dispute resolution, and general interpretation provisions. Content-processing permissions survive only to the extent needed for permitted retention, legal compliance, or other purposes expressly described in the Privacy Policy; they do not authorize continued ordinary voice synthesis after model deletion.
18.2 Order of Precedence
Mandatory law controls. An executed data processing agreement controls its processing subject matter; the Privacy Policy controls privacy disclosures and practices; a separately executed commercial agreement controls matters it expressly modifies; checkout disclosures control the specific price and allocation purchased; and these Terms govern remaining Service matters. Provider use restrictions apply cumulatively within their scope and may not be bypassed through a purported conflicting permission.
18.3 Interpretation and Acknowledgment
Headings assist navigation and do not change meaning. “Including” means including without limitation, and singular and plural terms include each other where appropriate. Nothing requires an unlawful act or waives a right that cannot be waived. By accepting these Terms, you acknowledge the AI limitations and your responsibilities for authorized use, participant notices, and required consents.