Terms of Service

Updated September 1, 2023

What's covered in these terms

The purpose of these Terms of Service is to determine what you can expect from us and what we expect from you.

These Terms of Service define Guide Aware’s relationship with you. They outline the laws that apply to us as a service provider and set out some rules for interacting with our Services that we ask you to follow.

We strongly encourage you to read these terms because by accessing any of our Services, you confirm that you have read, understood, and agreed to be bound by these Terms of Service.

By accessing any of the Services, you also agree to be bound by our Privacy Policy, which is incorporated in these Terms of Service by reference. We equally encourage you to read our Privacy Policy to know how we handle your information when you use our Services.

About these terms

The law gives you certain rights that can’t be limited by a contract like these terms of service and we do not intend to limit your rights in any way.

These terms outline the relationship between you and Guide Aware. They do not create any legal rights for other people or Organizations, even if others benefit from that relationship under these terms.

Not all Services mentioned in these terms may be available in your country.

If you don’t follow these terms and we don’t take action immediately, that doesn’t mean that we’re giving up any rights that we may have, such as taking action in the future.

We may update these terms to reflect changes in our Services or how our business works. For example we may update these terms:

When we introduce new features, services, technologies, pricing (or remove old ones)
For legal or regulatory reasons
For security reasons
To prevent abuse or harm

If you don’t agree to the new terms you should remove Your Content and stop using our Services. You can also end your relationship with us at any time by closing your account.

There may be information on our Site that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any information on our Services without prior notice.

These terms apply to all users. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, this will not affect the validity of any other terms. Specific provisions relevant for residents of the US, EU and UK are provided where relevant.

Service provider

Authentic Creative, LLC dba Guide Aware is registered in the State of Delaware. Our mailing address is 1534 N Moorpark Rd #372, Thousand Oaks, CA 91360, USA.

Age requirements

If you are a minor, you must have your parent or legal guardian’s permission to use our Services. Please have your parent or legal guardian read these terms with you.

If you are a parent or a legal guardian, and you allow your child to use our Services, then these terms apply to you and you are responsible for your child’s activity while they use our Services

Your relationship with Guide Aware

These terms establish your relationship with us. In general, we give you permission to use our Services if you agree to follow these terms which set out how our Services work and how we earn money from them. When we speak of “Guide Aware”, “we”, “us”, and “our”, we mean Authentic Creative, LLC. and its Affiliates. When we speak of our Service or Services we mean the features and functionality we provide, among them text-based speech generation, voice cloning and Voice Design.

What you can expect from us

Develop, improve, and update Guide Aware services

We constantly develop our technology and features to improve our Services. As part of this we may add or remove features, modify usage limits, as well as offer new services or end those previously offered. We may also make changes to our Services to:

prevent abuse or harm
respond to legal, regulatory, safety or security issues
respond to changes in the licenses and partnerships we have with others
adapt to new technologies
adapt to changes in the number of people who use our Services

We will also update our Services to comply with relevant laws and regulations. You can expect us to meet the legal safety standards. We may also automatically update our Services to counter high safety or security risks.

Our Service is provided on an as-is and as-available basis. We continuously update our Services and we do our best to keep them working as expected. However, due to the nature of machine learning and other factors, we cannot guarantee our models will always produce the output you intended - your Generated Content can sometimes contain errors, mispronunciations and unintended artifacts.

Site management

We may monitor our Services for violation of these terms and we may take appropriate action against anyone who, in our judgment, violates the law or these terms. For example we may refuse or restrict access (including but not limited to blocking certain IP addresses) to our Services and the Files you Upload to it, and we may also take other actions aimed at protecting our rights or property or to facilitate the proper functioning of our Services.

The content you upload / generate and your intellectual property

To avoid any doubt, we claim no Intellectual Property Rights over the Files you Upload or the Content you Generate using our Services, including the recordings of your own voice, and we will not use the Files you Upload to independently generate any content. We will also not use any of your Generated Content without your permission for purposes other than listed in ”License and your Intellectual Property” section below.

We will use the Content you Upload to perform our Services and we may use this content to improve our Services and models. We store and process your Files with security measures in place to prevent unauthorized users from having access to them. The Files you Upload are processed automatically and they can be deleted at your request but they cannot be returned to you (we do not offer a data storage service).

Due to the nature of machine learning, the content you generate using our Services may not be unique across users and the Services may generate the same or similar output for Guide Aware or a third party. For example, you may provide input to a model such as "Hello, my name is Susan." and receive audio output of these words spoken. Other users may input similar text and voice and receive the same response. Responses that are requested by and generated for other users are not considered your Content.

Modifications and interruptions

We cannot guarantee our Site or Services will be available at all times. We may experience hardware, software, or other problems and we may also need to perform maintenance related to our Services which may result in interruptions, delays or errors. We may also need to modify, suspend or stop offering our Services without notifying you.

For users subscribed to plans that are free of charge we reserve the right to modify, suspend or stop offering our Services for any reason and without notice.

For users subscribed to paid plans: we will notify you in advance of making changes to our Services which may adversely impact your use of them.

US Specific

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection with our Services

EU Specific

If you’re an EEA-based Consumer, you can also withdraw from these terms within 14 days of accepting them. Please see EEA Instructions on Withdrawal for more specific information.

What we expect from you

Follow these terms and service-specific additional terms In general, we give you permission to use our Services if you agree to follow these terms.

Although we give you permission to use our Services, we reserve our Intellectual Property Rights that we have in them. This includes, for example, all source code, technical capability for speech synthesis, voice cloning or voice design, databases, functionality, software, technology, videos, website designs, text and graphics contained in our Services, as well as their design and arrangement. This also includes our trademarks, trade names and logos. We ask you not to copy, reproduce, republish, upload, publicly display, distribute, sell, license or use any parts of our Services described above for commercial purposes. You must not use any part of our Services or their output to research and develop products, models and services that compete with Guide Aware.

Provided you have the necessary intellectual property rights in the Content you Generate with our Services, you may use this Generated Content for commercial purposes.

Respect others and the rules

We want to maintain a respectful and safe environment for all users and we ask you to follow these basic rules of conduct when using our Services:

Respect the rights of others, including their Intellectual Property Rights, publicity rights and Copyright
Respect the rights of others, including their Intellectual Property Rights, publicity rights and Copyright
Do not abuse or harm others or yourself, for example by misleading, defrauding, illegally impersonating, defaming, threatening, bullying or harassing others
Do not abuse or interfere with our Services, for example by means of malware, spamming, hacking or bypassing our systems or protective measures.

By using our Services, you confirm that:

You have the capacity to agree to these terms and that you do so
You are not a minor in the jurisdiction in which you reside, or if you are a minor, that you have parental permission to use our Services
You will not use our Services for any illegal or unauthorized purpose
Your use of our Services will not violate any applicable law or regulation
You will not access our Services other than our Public API by automated means, such as using a bot or script

See below for more information on prohibited activities.

Permission to use Your Content

In general, our Services let you upload audio files and generate audio content. But you do not have to provide any files to our Services and you are free to choose the files that you want to upload. If you choose to upload files with the intention of sharing the Content you Generate using those Files, please make sure you have the necessary rights to do so and that you share your Generated Content lawfully.

License and your Intellectual Property

License

Your Content is yours and you retain the Intellectual Property Rights that you have in Your Content. This includes both the Files you Upload to our Services and the Files you Generate using our Services. We need your permission if your Intellectual Property Rights restrict our use of Your Content. You provide us with this permission through this license:

What's covered

This license covers Your Contributions and the Content you Upload to and Generate using our Services if that Content is protected by Intellectual Property Rights.

What's not covered

This license doesn't affect your data protection rights — it's only about your Intellectual Property Rights. This license doesn't cover publicly available factual information that you provide, such as corrections to the address of a local business or content that is in the public domain.

Scope

This license is:

worldwide, which means it’s valid anywhere in the world
non-exclusive, which means you can license Your Content to others
royalty-free, which means there are no monetary fees for this license

Rights

This license allows us to use, host, store, display, reformat, archive, cache Your Content — for example, to perform our Services, to save Your Content on our systems and make it accessible from anywhere you go.

Purpose

This license is for the limited purpose of:

operating and improving the Services, which means allowing the Services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze Your Content:
- for spam, malware, and illegal content
- to research and development such as e.g. recognize patterns in data for improving the quality of our Service, such as delivering ever higher quality voices
- This analysis occurs as the content is sent, received, and when it is stored.
sharing your content on the Voice Library if you choose to do so. By making your Content available on the Voice Library, other Guide Aware users will be allowed to access and reuse your Content according to our Terms of Service.
developing and making available new technologies or services for Guide Aware consistent with these terms

Duration

This license lasts for as long as Your Content is protected by Intellectual Property Rights.

If you remove from our Services any content that’s covered by this license we will cease to use it to the extent that is technically feasible.

If your Uploaded Content contains personal data of EU citizens, you are responsible and accountable for this data as a controller according to the General Data Protection Regulation. You authorize Guide Aware to process this data on your behalf by hosting your enrolled data. You also authorize Guide Aware to engage other parties as processors. We process your Uploaded Content according to these Terms.

EU & UK Specific

If you are a EU or UK citizen this license should not prevail over your right to opt out from certain purposes of personal data processing, as specified in our Privacy Policy.

Content on the Voice Library

The Voice Library makes available content generated by Guide Aware and other Guide Aware users.

You can access and reuse Content made available on the Voice Library under the terms of our license described below.

Our Voice Library Licence allows you to access and reuse any Content available on the Voice Library for any purposes, including personal and commercial use.

Our Voice Library License is:

worldwide, which means it’s valid anywhere in the world
non-exclusive, which means you can license Your Content to others
royalty-free, which means there are no monetary fees for this license
non-transferable, which means that you cannot sell, lease, or sublicense Content made available through the Voice Library.
revocable, which means Guide Aware reserves the right to withdraw this license at any time and for any reason.

Guide Aware reserves all rights not expressly granted in this license. Crediting or attributing materials made available through our Voice Library to one of our account users does not mean or suggest the materials or the underlying voice synthesis capability are owned by the account user at hand. The ownership of rights in the materials made available through our Voice Library is governed by our Terms of Service.

This license is also contingent on your compliance with our Terms of Service.

This license does not grant you the right to use the Content for any purpose listed in the ‘prohibited activities’ section of these Terms, or to infringe on the rights of any third party, including and without limitation to any intellectual property or privacy rights.

Using Guide Aware services

Account creation and starting to use the services

In order to use certain features of our Services, you may be required to register with our Services and create a user account by providing an email address and a password. As an alternative way to register, you may use your existing Google / Facebook account. By clicking [“Sign up”] and ticking the checkbox confirming you agree to these Terms of Service, you agree to be bound by these terms.

If you further choose a paid subscription, you will be asked to provide your payment information. By providing this information you grant us the right to charge our fees for performing the Services covered in your subscription. Other than this, the registration is free of charge. We will accept your offer by sending you a confirmation email or by providing the Services to you.

You must keep your password confidential and you will be responsible for all use of your account and password. You are not allowed to pass on or to resell access to your account to others.

Necessary consents and legal authorizations

By Uploading Files to our Services, you confirm that you are either the owner of these Files or that you have the necessary rights and permissions to use these Files. You can only Upload files if you tick a checkbox confirming this.

For example, if you upload somebody’s voice recording to our Services, you confirm that you have permission from the voice owner to clone and synthesize their voice. Only you are responsible for securing these rights and permissions.

We ask that the Content Generated using our Services by users subscribed to free plans and by non-signed-up users be attributed to Guide Aware when published outside of our platform by including [guideaware.com] in the description.

Intellectual Property Rights Infringements

Among other Services, we provide a Voice Cloning Service that allows you to use our technology to synthesize voice recordings that sound like a Speaker by typing new words ("Cloned Voice"). A “Speaker” is a person (including you) who has given the necessary licenses, rights, consents, releases and permissions to use recordings of their voice to train the Cloning AI and to synthesize and otherwise use their voice for the purposes of synthesizing speech.

To avoid any doubt, by Uploading Files to our Services, you confirm that:

You are the creator and owner of the Uploaded Files or you have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Uploaded Files in any manner contemplated by our Services, including for the purposes of Voice Cloning, and these terms
You have the written consent, release, and/or permission of each and every identifiable individual person in your Uploaded Files to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Uploaded Files in any manner contemplated by our Services, including for purposes of Voice Cloning, and these terms
You are solely responsible for Content Generated using Uploaded Files you do not own or do not have permission to use.

>US Specific

If you are a US resident and you believe you can identify material hosted on our Services that infringes upon your Intellectual Property Rights or the rights of a person you represent, please notify us using the contact information provided below. A copy of your notification will be sent to the person who generated the material in question. If you are not sure this material is hosted on our Services or whether it violates your intellectual property or privacy rights, you should consider contacting an attorney first.

Regarding Copyright specifically, if you believe that any material available on or through the Site infringes upon any Copyright you own or control, please immediately notify us by submitting a takedown notice containing the information below to legal@guideaware.com:

A physical or electronic signature of a person authorized to act on behalf of the owner of the Copyright;
Identification of the Copyrighted work or works claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to identify and locate the material;
Your contact information, including your name, address, phone number, and/or email address;
A statement that you have a good faith belief that the use of the material you have identified is not authorized by the Copyright owner, its agent, or the law; and
A statement that this information you have provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the Copyrighted work you allege has been infringed.

Prohibited Activities

We do not proactively monitor the Content you Upload to our Services. You are responsible for the Files you Upload and generate using our Services. We may be required to take action if we find that the Content you Upload or generated violates the law or these terms.

As a user of our Services, you agree not to use our Services to:

violate any national or international law
violate the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, including Generating Content that discriminates against people based on their race, color, national or ethnic origin, religion, age, sex, gender, sexual orientation and/or preference, or physical handicap
violate the rights of others, including but not limited to infringing Copyright, right of publicity, right of likeness, and/or any other Intellectual Property Rights, or to defame a third party or cast a third party in false light
fraudulently impersonate other people or companies
exploit or harm minors
harass or threaten any person or to promote violence against a specific person or class of people
trick or mislead us or other users, especially in an attempt to learn sensitive account information, for example user passwords
disable, interfere with or circumvent security-related features of our Services
interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to ours
engage in any automated use of the systems (except of our Public API), for example by using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
copy our Services’ software, including all code
reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law)
sell or transfer your profile
harass, annoy, intimidate, or threaten any of our employees engaged in providing our Services or assistance to you
make improper use of our support Services or submit false reports of abuse or misconduct
harm us or our Services in any way.

Taking action in case of violations

Before taking action as described below, we will inform you in advance when reasonably possible, give the reason for our action and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

Cause harm or liability to others, or us
Violate the law or a legal enforcement authority’s order
Compromise an investigation
Compromise the operation, integrity or security of our Services
If you have a justified reason to claim that some of the content originated with Guide Aware and breaches some of the terms of this ToS you can report it following the Moderation Policy below.

Removing Your Content

If we reasonably believe that any of Your Content breaches these terms, or violates applicable law, or could harm others, or Guide Aware, then we reserve the right to take down some or all of that Content in accordance with applicable law. Examples include content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s Intellectual Property Rights.

Moderation Policy

Introduction: This section outlines our policy for taking action when content created by the users is illegal, harmful, or violates our platform's Terms of Service. We are committed to fostering a respectful, safe, and inclusive environment for all users. To achieve this, we have established guidelines for acceptable use and a process for reviewing reported violations.

Purpose: The purpose of this policy is to clearly delineate unacceptable content on our platform and specify the actions we may take in response to a violation. This policy also establishes a procedure for the removal of infringing content and user accounts.

Content Restrictions: Those include but are not restricted to:

Abusive Content: We prohibit uploading and creating content
Deep Fakes: The use of our service to create deceptive or misleading voice clones, without the explicit consent of the individual whose voice is being replicated, is not allowed.
Violence and Hate: We strictly prohibit content that incites violence or promotes hate based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
Other Harmful Content: We also prohibit any content 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.
Please check the Prohibited Activities section for the full list of content restrictions.

The Procedure:

Reporting: Users can report any harmful, criminal, or Terms of Service-breaching content or behavior by sending a detailed account to legal@guideaware.com email. The report must include a link to the offensive content, enabling Guide Aware to verify if the content was created using our services. Please note that this procedure does not concern potential copyright and other intellectual property rights infringements. For copyright infringements please see the proper procedure here (Intellectual Property Rights Infringements in the Policy here)
Verification: Upon receiving a report, Guide Aware will verify whether the content was produced through its services. If it was, Guide Aware will assess if the content violates our Terms of Service or is criminal or harmful in nature.
Action upon Violation: If the content is found to be criminal or in violation of our Terms of Service, Guide Aware will notify the user responsible for the content. Depending on the exact context and circumstances, Guide Aware may:
a) Delete the content and/or caution the user
b) Delete the user's account
c) Permanently ban user, preventing future account registration
d) Notify relevant authorities if the content also constitutes a crime.

Method for Moderation Decision:

Severity: We consider the degree of harm or potential harm the content could cause. More severe violations warrant stricter actions.
Context: We analyze the context in which the content is used. Some content may be acceptable in certain contexts but not in others.
Intent: We determine whether the content was intended to cause harm or was merely a result of negligence or lack of awareness.
Recurrence: We evaluate the user's behavior history on the platform. Users with repeated violations may require stronger actions.
Appeals: Users can appeal against any decision by Guide Aware within seven days of notification about the violation. Upon receiving an appeal, Guide Aware will thoroughly reevaluate the case. If the user provides a reasonable and sufficient explanation, we may reinstate the content and the user's account.
Discretionary Powers: Guide Aware reserves the right to make the final decision on what content and behavior aligns with or violates our Terms of Service.

All users are responsible for their own behavior on the platform. By using our service, users agree to abide by these rules and accept the consequences of any violations.

By promoting responsible use and establishing clear consequences for harmful behavior, we aim to foster a respectful and safe community for all users. We will periodically update this policy to address emerging forms of harmful content or any other concerns. All users are encouraged to stay informed about these guidelines and report any violations they encounter.

Suspending or terminating your access to Guide Aware services

Guide Aware reserves the right to suspend or terminate your access to the Services or delete your Guide Aware Account if any of these things happen:

you materially or repeatedly breach these terms
we’re required to do so to comply with a legal requirement or a court order
we reasonably believe that your conduct causes harm or liability to a user, third party, or Guide Aware — for example, by harassing, misleading, impersonating, defaming others, or hacking, phishing, scraping content that doesn’t belong to you.

If you believe your account on our Service has been suspended or terminated in error, you can appeal.

You’re always free to stop using our Services at any time.

EU Specific

If you’re an EEA-based Consumer, you can also withdraw from these terms within 14 days of accepting them.

Using Guide Aware services on behalf of an Organization or business

You may use the Site or Service as Consumer or Entrepreneur. “Consumer” is a natural person who is acting outside the scope of an economic activity and a “Business Customer” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

To use our Services on behalf of an Organization an authorized representative of that Organization must agree to these terms.

Service-related communications

To provide our Services to you, we may send you Service announcements, updates and other information. To learn more about how we communicate with you, see our Privacy Policy.

Payment, term and termination

If you subscribe to a paid plan, you will be charged monthly upfront, starting on the day you subscribe. The exact price will be based on the current price information shown on our pricing page. All prices include VAT.

You may terminate your subscription for convenience at any time until the end of your current billing period.

In case of problems and disagreements

Both the law and these terms give you the right to a certain quality of service, and ways to fix problems if things go wrong.

EU & UK Specific

If you’re a Consumer based in the EU and UK, then you enjoy all legal rights granted to Consumers under applicable law.

EU Specific

If you are based in the EU and you have agreed to our Terms of Service, then EU Consumer laws provide you with a legal guarantee covering the digital services that we provide you. Under this guarantee, we’re liable for any lack of conformity that you discover at any time during the “continuous” supply of digital content or services.

Your national laws may provide an even longer guarantee. If you want to make a guarantee claim, please contact us at legal@guideaware.com

US Specific (warranty disclaimer)

We’re continuously improving our Services to meet your needs. However, for legal purposes, we offer our Services without warranties unless explicitly stated in our Service-specific additional terms. The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it:

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, BY YOU, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (7) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Liabilities

For all users

US & UK Specific

These terms and the law attempt to strike a balance as to what you can claim from us and what we can claim from you in case of problems. We can limit our liability for certain things but not for others.

These terms limit our liability only to the extent allowed by the law. These terms do not aim to limit our liability for fraud, fraudulent misrepresentation or death or injury caused by negligence or willful misconduct.

Other that the breaches named above, Guide Aware is liable only for our breaches of these terms, subject to applicable law.

US Specific

To the extent allowed by law, Guide Aware is only liable for its breaches of these terms or applicable Service-specific additional terms.

Guide Aware is not liable for:

Loss of profits, revenues, business opportunities, goodwill or anticipated savings
Indirect or consequential losses
Punitive damages

You agree to indemnify, defend, release, and hold us harmless including our subsidiaries, Affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses from any claims made by any natural person or other third party in connection with the use, processing and storage of the Files you Upload to our Services.

You also agree to accept full legal responsibility for, and pay any and all royalties, penalties, fees, or damages awards resulting from, any claims of intellectual property infringement brought against us by others resulting from the Files and Content you Upload and Generate using our serves that you do not own or are not otherwise authorized to provide to us

We are not liable for any statements or representations in your Uploaded Files and Generated Content. You are solely responsible for the Files you Upload to and Content you Generate using our Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Generated Content.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE AND/OR OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING EVEN IF ADVISED OF THEIR POSSIBILITY: (1) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, INFORMATION OR SERVICES; (2) ANY LOSS, DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, OR ANY CONTENT (OR INFORMATION) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; (3) ANY LOSS, DAMAGE OF ANY KIND INCURRED AS A RESULT OF INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE; (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (6) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; AND/OR (7) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

EU Specific

We are unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence.

In cases of slight negligence, we are only liable if we have infringed a fundamental duty and if the purpose of the contract is threatened thereby or if we have infringed duties that have to be fulfilled for the duly contract implementation and if you generally rely on the fulfillment of these duties. In the aforementioned cases, we are only liable for typical, foreseeable damages at the time the respective Service was performed.

We will not be liable hereunder (i) by reason of any failure to timely perform our duties hereunder due to an event beyond our reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics or (ii) for initial defects without fault (§ 536a (1) German Civil Code (BGB))

If we are not liable or our liability is restricted hereunder, this also applies to the personal liability of our employees, legal representatives, and assistants in performance.

The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects by us, our legal representatives or assistants in performance or under the German Product Liability Act (Produkthaftungsgesetz).

We are liable for the loss of data only up to the amount that would have been incurred to restore the data if it had been properly and regularly backed up.

In deviation from the foregoing, the following shall apply to you as a user of a free plan: We are not obligated to remedy a defect in the Service. If you suffered harm from a defect, we owe damages only if the defect was wilfully concealed by us. Otherwise, our liability is limited to intention and gross negligence.

We are not obligated to remedy a defect in the Service. If you suffered harm from a defect, we owe damages only if the defect was wilfully concealed by us. Otherwise, our liability is limited to intention and gross negligence.

For Business Customers and Organizations

US Specific

If you’re a Business Customer or Organization:

To the extent allowed by applicable law, you’ll indemnify Guide Aware and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.

Guide Aware’s total liability arising out of or relating to these terms is limited to the greater of (1) $200 or (2) the fees paid to use the relevant services in the 12 months before the dispute.,/p>

EU & UK Specific

If you’re a Business Customer or Organization:

To the extent allowed by applicable law, you’ll indemnify Guide Aware and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Services or violation of these terms or Service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
Guide Aware won’t be responsible for the following liabilities:
- loss of profits, revenues, business opportunities, goodwill, or anticipated savings
- indirect or consequential loss
- punitive damages

Guide Aware’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant Services in the 12 months before the breach

Handling requests for your data

Respect for the privacy and security of your data underpins our approach to responding to data disclosure requests. For more information, please see our Privacy Policy.

Settling disputes, governing law, and courts

US Specific

Informal negotiation

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

For information about how to contact Guide Aware, please see here. Provided that you are a Business Customer, and to the extent permitted by and compatible with applicable law, the exclusive jurisdiction and venue shall be the seat of our company.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the Intellectual Property Rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

If you’re a resident of, or an Organization based in, the United States, these Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

EU Specific

If you’re a resident of, or an Organization based in, the European Economic Area (EEA) or Switzerland, these terms and your relationship with Guide Aware under these terms and Service-specific additional terms, are governed by the laws of your country of residence, and you can file legal disputes in your local courts. If you’re an EEA-based Consumer, please contact us to resolve issues directly.

The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/Consumers/odr/. We are neither obliged to take part in alternative dispute resolutions before a Consumer dispute settlement commission or will do so voluntarily.,/p>

UK Specific

If you’re a resident of, or an Organization based in, the United Kingdom, these terms and your relationship with Guide Aware under these terms and Service-specific additional terms, are governed by English law, and you can file legal disputes in the English courts.

The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except there such waiver is prohibited by law or deemed by a court of law to be against public policy.

Contact Guide Aware to withdraw from these terms

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us at:

Guide Aware
1534 N Moorpark Rd #372
Email: legal@guideaware.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form add link to form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of Services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Your right to withdraw from this Agreement expires prematurely if the Services were initiated by us to you only after you as Consumer have expressly agreed that we shall commence with the execution of the contract before expiry of the withdrawal period, and at the same time have confirmed your knowledge of the fact that you lose your right to withdraw from the contract with the beginning of the execution of the contract.

Definitions

Affiliate - an entity that belongs to the Guide Aware group of companies, which means Authentic Creative, LLC. and its subsidiaries

Business Customer - a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity,/p>

Consumer - a natural person who is acting outside the scope of an economic activity

Copyright - a legal right that allows the creator of an original work (such as a blog post, photo, or video) to decide if and how that original work may be used by others, subject to certain limitations and exceptions (such as “fair use”)

Disclaimer - a statement that limits someone’s legal responsibilities

Guide Aware (also we, us, and/or our) - Authentic Creative, LLC, a company incorporated in Delaware, United States with address at 1534 N Moorpark Rd #372, Thousand Oaks, CA 91360, United States), and its affiliates

Generated Content / Content you Generate - the audio content generated by a user using our services, including the Speech Synthesis and Voice Cloning Services

Indemnity or indemnify - an individual or organization’s contractual obligation to compensate the losses suffered by another individual or organization from legal proceedings such as lawsuits

Intellectual Property Rights - rights over the creations of a person’s mind, such as inventions (patent rights); literary and artistic works (Copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks). IP rights may belong to you, another individual, or an Organization

Liability - losses from any type of legal claim, whether the claim is based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen

Organization - a legal entity (such as a corporation, a non-profit, or a school) and not an individual person

Service, Services - any of the following services offered by Guide Aware:

Site - https://guideaware.com/

Trademark - symbols, names, and images used in commerce that are capable of distinguishing the goods or services of one individual or organization from those of another

Uploaded Files - any material uploaded by a user to their profile on the Guide Aware platform

Warrant, warranty - an assurance that a product or service will perform to a certain standard

Your Content - files that you create, upload, submit, store, send, generate, receive using our services

Your Contributions - all feedback, suggestions and input you provide to the platform and in your communications with us

Contact us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the our services, please contact us at:

team@guideaware.com

Guide Aware - Authentic Creative, LLC
1534 N Moorpark Rd #372
Thousand Oaks, Ca 91360
United States