Terms Of Service

This Terms of Service Agreement (the "Agreement") is a legal agreement between you ("You") and Charmtech Labs LLC ("Company") for use of the Capti Voice application, captivoice.com website ("Site"), the servers the Site is stored on including without limitation by use through an API, or the computer files stored on that server (collectively, the "Service"). By creating an account or accessing or using the Service You accept and agree to be bound by the terms of this Agreement.

IF YOU DO NOT AGREE TO THESE TERMS, THE COMPANY IS UNWILLING TO LICENSE USE OF THE SERVICE TO YOU. YOU AGREE THAT YOUR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

All amended terms automatically take effect 10 days after they are initially posted on this site. Your use of the Service following the effective date of any modifications to this agreement will constitute your acceptance of the agreement, as modified. You agree that notice on the Site of modifications is adequate notice.

SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SUFFOLK COUNTY, STATE OF NEW YORK AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.

1 Limited License

The Company grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Services for Your own individual non-commercial use subject to the other terms of this Agreement.

2 Provision of Services

Subject to the terms of our Privacy Policy, we reserve the right to monitor the Service for purposes of determining that their usage is in compliance with this Agreement and applicable laws. In addition, and as described elsewhere in this Agreement, we maintain an absolute and unconditional right to review and remove Material accessible by or transmitted through the Service that, in our sole discretion, we believe is in violation of the law of this Agreement or is unacceptable to us in our sole discretion. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Site.

From time to time and without prior notice to you, we may change, expand and improve the Site and Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service or portions of the Site. Unless otherwise provided for, any modification of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to You, and your use of the Site and Service do not entitle you to the continued provision or availability of the Site and Service.

3 Your Use of the Service

Commercial use of the speech and voice capabilities of the Service is prohibited. You may not redistribute audio from the Service in any form, including, but not limited to, in the form of audio files, as a part of an application, or as a part of multimedia works. You may not use any one synthetic voice product downloaded within Service on more than three devices (with the exclusion of synthetic voices purchased in-app on the App Store).

You agree not to resell the Service. You may not modify, reverse engineer, decompile or disassemble the Service. You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the Company. You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service. You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights. You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. You may not use or access the Site or Service to compile data in a manner that is used or usable by a competitive product or service. Any such forbidden use shall immediately terminate Your license to the Service.

You furthermore agree that:

  1. If You are under the age of 18, You are not authorized to use this Service unless an account was created or authorized for You by your parent, guardian, or school. If your school has created or authorized an account for You, your legal guardian and You must still review and consent to this Agreement before You may use the Service
  2. If You are at least 18 years old, You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument by minors;
  3. You shall not have an Account or use the Service if You have previously been removed by the Company
  4. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
  5. You shall not use your Account to engage in any illegal conduct;
  6. When creating or updating an Account on the Service, You may be required to provide the Company with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Company's Privacy Policy. You agree that You will supply accurate and complete information to the Company, and that You will update that information promptly after it changes.

4 User Content and License

"User Content" means any communications, images, sounds, and all the material, data, and information that You upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, You affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) You acknowledge and agree that any of your personal information within such content will at all times be processed by the Company in accordance with its Privacy Policy. You hereby grant Company and a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content. Click here for our Copyright Policy.

5 Your Responsibility to Protect Data and Password

It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.

6 Enforcing Security

Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.

7 Indemnity

You will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

8 Termination of License

The Company may terminate Your license to use the Service with or without cause at any time. Should You breach this Agreement or fail to comply with any term of this Agreement, Your right to use the Service shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Service.

9 Miscellaneous

Any dispute arising from this Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Any cause of action you may have with respect to your use of the Site and Service must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.

10 No Class Actions

All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.

BY USING THE SERVICE OR ACCESSING THE SITE OR SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.