Terms of Service

Oct 1, 2024

1. Introduction

1.1 User Agreement

You agree that by signing up, logging in, accessing, or using our Service (described below), you are agreeing to enter a legal contract with OfSpectrum Inc. (even if you are using our Services as a company). If you do not agree to these terms of service, do not access or use our services in any way. You can terminate this User Agreement at any time by closing your account and no longer accessing or using our Services.

1.2 Services

This Terms of Service applies to our Site (ofspectrum.com), OfSpectrum-branded apps, Google Slides add-on, text to speech, voice protection services, and other related offerings.

1.3 OfSpectrum

You are entering into this Terms of Services with OfSpectrum Inc. (also referred to as “we” and “us”). The collection, use, and sharing policy of your personal data is subject to our Privacy Policy.

1.4 Change

We can modify and update this Terms of Service (and Privacy Policy), and if we make material changes to it, we will provide you with the opportunity to review the changes before they become effective. If you object to any changes, you may close your account or stop using our Products and Services.

You acknowledge that your continued use of our Products and Services after we publish or send a notice about the update of our Terms of Service means that you agree to the updated Terms of Service and Privacy Policy as of their effective date.

2. User Accounts

2.1 Eligibility

To use our Service, you agree that:

• 2.1.1 you must be at least the Minimum Age;

“Minimum Age” means 16 years old. However, if the law that applies to you requires that you must be older in order for OfSpectrum to legally provide our Services to you without parental consent, then the Minimum Age will be such an older age.

• 2.1.2 you will only have one OfSpectrum account, which must be in your real information;

• 2.1.3 you are not already restricted by OfSpectrum from using the Services;

• 2.1.4 creating an account with false information, others' information, or creating multiple/duplicate accounts is a violation of this Terms of Service, including accounts made available to others or persons under the Minimum Age.

2.2 Your Account

When creating and managing your account, you agree to:

• 2.2.1 provide accurate information to us and keep it updated;

• 2.2.2 use a strong password and keep it confidential;

• 2.2.3 use your own email address and not include any inappropriate information in your username;

• 2.2.4 not share any part of your account with others. Your account should only be used by you;

• 2.2.5 take full responsibility for all activities under your account;

• 2.2.6 not transfer any part of your account to others. You are responsible for the safety of your account unless you close your account. Please report to us immediately about the misuse of your account through support@ofspectrum.com.

Please note that as between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g., enterprise accounts), the party paying for such Service has the right to control access to and get reports on your use of such paid Service.

3. Obligations

3.1 Payment

If you buy any of our paid Services, including but not limited to subscription, advertisement, API usage, and any other Services we provide, you agree to pay us all required fees and taxes. Failure to pay these fees will result in the termination of the related Services.

• 3.1.1 Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates, tax rates).

• 3.1.2 Our payment processor may store and continue billing your payment method (e.g., credit card).

• 3.1.3 If you purchase a Subscription, your payment method will automatically be charged at the start of each Subscription period for the fees and taxes applicable to that period. To avoid future charges, you can cancel anytime before the renewal date.

• 3.1.4 We will charge you for the additional services you used (e.g., API usage).

• 3.1.5 You can select a preferred payment method or change to another payment method in your account information. Any attempt to use the account to obtain illegal benefits or to change the balance of the account by illegal means is a violation of the Terms of Service, and we reserve the right to use the law to resolve this behavior.

• 3.1.6 We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

• 3.1.7 By using certain promotion codes we provide, you may have access to our Service without actual transactions. Even if no transaction occurs, you are treated as using our paid Services and you should adhere to any related requirements and obligations.

3.2 Late Payments

Late payments may lead to inability to use our Services. We are not responsible for any loss caused by inability to use our Services.

3.3 Change to the Price and Subscription Plans

We may change our subscription plans and the price of our Services from time to time.

• 3.3.1 Any changes to our subscription plans and other Services will apply only after 30 days' notice to you. Not ending the subscription after the notice period will be treated as agreeing to the change and we will charge you with the new plans or prices.

• 3.3.2 We will state the expiration date of any promotions on our website, but the end of the promotion does not count as a price change, and we may not notify you in advance.

3.4 Refunds

You agree that:

• 3.4.1 payment obligations are non-cancellable and fees paid are non-refundable unless otherwise provided in this section;

• 3.4.2 if you choose to cancel your subscription during a subscription period, you may use the subscription until the end of your then-current subscription period or renewal period, but will not be issued a refund for the most recently charged fees;

• 3.4.3 if you use the promotion code to access our Service, the part covered by the promotion code is not refundable.

4. Rights and Limits

4.1 Service Availability

• 4.1.1 We may change, suspend, or discontinue our Services. However, this will not affect any ongoing subscriptions and we will continue to provide the same level of service till the end of your subscription period.

• 4.1.2 We do not promise to store or keep showing Content that you've provided. OfSpectrum is not a storage service. You agree that we have no obligation to store, maintain, or provide you a copy of Content, or any Service history, except to the extent required by applicable law and our Privacy Policy.

• 4.1.3 We are not responsible for any disputes or losses arising from the inability to use our Services.

4.2 Limits

OfSpectrum reserves the right to restrict, suspend, or terminate your account if you break this Terms of Service, or you have any misuse of our Services.

4.3 Intellectual Property

OfSpectrum reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. We reserve the intellectual property of the audio synthesized by our model and the output of all our models.

5. Confidentiality and Special Features

5.1 Confidentiality

We treat Content submitted in accordance with this Terms of Service (“Your Information”) as confidential. We will use Your Information only for providing the Services or other reasonable use specified in the Privacy Policy, and will not disclose Your Information to anyone other than our personnel, service providers, or affiliates who need to access Your Information and who are required to protect the confidentiality of Your Information. Confidentiality obligations will, however, not apply to Your Information:

• 5.1.1 that is known to us prior to receiving from you, or is obtained from a source other than one having an obligation of confidentiality to you;

• 5.1.2 that has become known (independent of disclosure by you) to us from a source other than one having an obligation of confidentiality to you;

• 5.1.3 that has become publicly known or otherwise ceases to be secret or confidential, except through a breach of this section by us, including if you designate Your Information as “public” or post such Content in a public area of the Site.

5.2 Fake Voice Discriminator

For the fake voice discriminator service, you could upload an audio file, and our service could tell you whether it was recorded by a real person or generated by AI. Please note that:

• 5.2.1 you are required to upload audio with certain types of files and limited size as shown on our website;

• 5.2.2 the results we provided are solely for informational purposes and do not hold legal validity;

• 5.2.3 we encourage you to report incorrect results to us, but you need to provide proper incorrect reasons. Knowingly providing fake information for incorrect reasons is strictly prohibited;

• 5.2.4 OfSpectrum personnel, service providers, and affiliates may listen to your audio uploaded if you report incorrect results;

• 5.2.5 we are not responsible for any disputes or losses caused by incorrect results.

5.3 Anti-AI Encryption

For the Anti-AI Encryption service, you could upload an audio file, and our service will provide you with audio that is more difficult for other AI models to replicate. Please note that:

• 5.3.1 you are required to upload audio with certain types of files and limited size as shown on our website;

• 5.3.2 you should only upload the audio that the copyright belongs to you;

• 5.3.3 we reserve the intellectual property of the audio output of our model;

• 5.3.4 we do not guarantee the effect of our Anti-AI Encryption model, and the result we provide may not be effective on all AI models;

• 5.3.5 we are not responsible for any disputes or losses caused by using our model output;

• 5.3.6 we encourage you to report poor-performance output through the online feedback form or through support@ofspectrum.com;

• 5.3.7 OfSpectrum personnel, service providers, and affiliates may listen to your audio uploaded if you report poor-performance results.

6. Commercial Rights; Third-Party Content and Services; and Publicity

6.1 Commercial Rights

"Commercial rights" means any use of OfSpectrum created results (text, audios) for commercial or business purposes, except as restricted by this User Agreement.

• 6.1.1 You are allowed to use the OfSpectrum created results for commercial purposes;

• 6.1.2 You agree that Commercial Rights are not resale rights and you cannot resell or offer to resell OfSpectrum's Offerings to any third-party.

• 6.1.3 You agree not to use OfSpectrum created results for training any AI model or to synthesize OfSpectrum created voices in any way or for any purpose.

6.2 Third-Party Content and Services

OfSpectrum may include or provide access to third-party data, information, and content, or links to other websites, including from other users. We do not control, endorse, or adopt any third-party content and make no representation or warranties of any kind regarding third-party content. When you use a link to go from our Site to another website, our Terms of Service and any other agreements do not apply to third-party websites or services. Your browsing and interaction on any third-party website or service that has a link or advertisement on our Site is subject to that third party’s own policies. You agree that we are not responsible in any manner for third-party content and we undertake no responsibility to update or review third-party content.

6.3 Publicity Rights

You grant OfSpectrum the right to identify yourself or your organization as OfSpectrum’s customer on the Site and our marketing collateral, and to include you or your organization’s use of the services in our case studies.

7. Disclaimer and Limit of Liability

7.1 Disclaimer

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 in such situations without notifying you. We may notify you in advance of planned maintenance, but we may fail to notify you of unexpected attacks or problems.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Site or Services during any downtime or discontinuance of the Site or Services. Nothing in this User Agreement 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.

Any results we provide in voice protection services are solely for informational purposes and do not hold legal validity. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by incorrect or poor-performance results.

7.2 Limitation of Liability

To the full extent permitted by law, OfSpectrum, OfSpectrum personnel, or OfSpectrum affiliates, will not be liable for any lost profits or lost business opportunities, reputation, loss of data, or third-party policies or any indirect, incidental, consequential, special, or punitive damages. We recommend that you do not rely solely on our Services for critical decisions.

OfSpectrum and its affiliates will not be liable to you in connection with this User Agreement for any amount that exceeds the total fees paid by you to OfSpectrum for the services during the term of this User Agreement, if any.

7.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 7 are part of the basis of the bargain between you and OfSpectrum and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if OfSpectrum or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

There limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence, or intentional misconduct, to the extent that such liability directly arose from OfSpectrum’s actions.

8. Termination

Both you and OfSpectrum may terminate this User Agreement at any time. On termination, you lose the right to access or use the Services. The following shall survive termination:

• 8.1 Section 7, 9, 10, and 11.2 of this User Agreement; and

• 8.2 Any amounts owed by either party prior to termination remain owed after termination.

9. Governing Law and Dispute Resolution

Except to the extent they are preempted by United States federal law, the laws of Delaware, other than its conflict-of-laws principles, govern this User Agreement and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to this User Agreement or their subject matter.

Both you and OfSpectrum agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to this User Agreement or the use of the Site or the Services will be litigated exclusively in federal and state courts in the state of Delaware, United States of America. Both parties agree to mediation before pursuing legal action. You and OfSpectrum consent to the personal jurisdiction of courts in the state of Delaware, United States of America.

10. General Terms

10.1

If a court with authority over this User Agreement finds any part of it unenforceable, you and OfSpectrum agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and OfSpectrum agree to ask the court to remove that unenforceable part and enforce the rest of this User Agreement.

10.2

If any provision of this User Agreement is found to be unenforceable, the remaining provisions shall remain in effect.

10.3

This User Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

10.4

If we don’t act to enforce a breach of this User Agreement, that does not mean that OfSpectrum has waived its right to enforce this User Agreement.

10.5

You may not assign or transfer this User Agreement (or your membership or use of Services) to anyone. There are no third-party beneficiaries to this User Agreement.

10.6

You agree that the only way to provide us legal notice is at the address provided in Section 12.

11. Do’s and Don’ts

11.1 Do’s

• 11.1.1 You agree to comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, and tax laws for any use of the Services or the Site.

• 11.1.2 You are encouraged to report any violations of the User Agreement you encountered.

11.2 Don’ts

You agree that you will not:

• 11.2.1 Create a false identity on OfSpectrum, misrepresent your identity, create an account with third-party identity, using fake information on your profile, or create a profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

• 11.2.2 Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or the Site or otherwise copy profiles and other data from the Services or the Site;

• 11.2.3 Override any security feature or bypass or circumvent any access controls or use limits of the Service or the Site;

• 11.2.4 Copy, use, disclose, or distribute any unauthorized information obtained from the Services or the Site, whether directly or through third parties (such as search engines);

• 11.2.5 Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);

• 11.2.6 Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;

• 11.2.7 Violate the intellectual property or other rights of OfSpectrum, including, without limitation, (i) copying or distributing our technology; (ii) using the word “OfSpectrum” or our logos in any business name, email, or URL without our express consent in writing;

• 11.2.8 Post anything to the Services or the Site that contains software viruses, worms, or any other harmful code;

• 11.2.9 Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or the Site;

• 11.2.10 Use bots or other automated methods to access the Services or the Site;

• 11.2.11 Stalk, threaten, impersonate, dox, harass, or defraud anyone through the use of the Services or the Site;

• 11.2.12 Create, upload, or transmit material through the Services or the Site that is illegal, obscene, defamatory, pornographic, or is otherwise inappropriate;

• 11.2.13 Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes through the Services or the Site;

• 11.2.14 Harvest, collect, or disclose information about other users through the Services or the Site without their consent;

• 11.2.15 Monitor the availability, performance, or functionality of the Services or the Site for any competitive purpose;

• 11.2.16 Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Services or the Site;

• 11.2.17 Overlay or otherwise modify the Services/Site or their appearance (such as by inserting elements into the Services/Site or removing, covering, or obscuring an advertisement included on the Services);

• 11.2.18 Interfere with the operation of, or place an unreasonable load on, the Services or the Site (e.g., spam, denial of service attack, viruses, gaming algorithms).

12. Contact Us

Thank you for taking the time to read our Terms of Service. If you have any general queries, you can contact us through support@ofspectrum.com. Please specify the nature of your inquiry for quicker assistance.