Terms of Service - kikivoice.ai

These Terms of Service ("Terms") govern your access to and use of the kikivoice website, applications, APIs, and related products and services (collectively, the "Services") provided by the kikivoice team ("kikivoice", "we", "us", or "our").

By accessing or using the Services in any way, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

1. Eligibility and Acceptance

1.1 Acceptance of Terms

By accessing or using the Services, creating an account, or clicking "I agree" (or similar), you acknowledge that:

You have read, understood, and agree to be bound by these Terms; and
You agree to our Privacy Policy, which is incorporated by reference.

1.2 Minimum Age and Capacity

You must be at least 18 years old (or the age of legal majority where you reside, if higher) to use the voice cloning features of the Services.
If you are under 18, you may only use any non‑cloning features where permitted by applicable law and with the consent and supervision of a parent or legal guardian, who will be responsible for your use.
By using the Services, you represent and warrant that you have the legal capacity to enter into a binding contract and meet all eligibility requirements under these Terms.

1.3 Use on Behalf of an Organization

If you access or use the Services on behalf of a company or other legal entity:

"You" includes both you individually and that entity;
You represent and warrant that you are authorized to bind that entity to these Terms; and
That entity is fully responsible for the acts and omissions of its employees, agents, and contractors who use the Services.

2. Changes to These Terms and to the Services

2.1 Changes to the Terms

We may modify these Terms from time to time. When we do:

We will update the "Last Updated" date at the top of these Terms; and
Where we consider it appropriate, we may notify you via the Services, email, or other reasonable means.

Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and, if applicable, close your account.

2.2 Changes to the Services

We may add, modify, suspend, or discontinue any part of the Services at any time, with or without notice, including:

Introducing new features or removing existing features;
Adjusting usage limits;
Updating models, algorithms, or security measures.

We do not guarantee that the Services or any feature or content will always be available or uninterrupted.

3. Accounts and Security

3.1 Account Creation

To access certain features (including voice cloning), you may be required to register and create an account by providing accurate and current information (such as your name, email address, and password).

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your login credentials;
All activities that occur under your account; and
Promptly notifying us at [email protected] of any actual or suspected unauthorized access or security breach.

You must not:

Share your account or credentials with any other person;
Sell, transfer, or assign your account; or
Circumvent or attempt to circumvent any security or access controls.

3.3 Account Suspension or Termination

We may, at any time and at our discretion, suspend or terminate your account or access to the Services, with or without notice, including if:

You materially or repeatedly violate these Terms or applicable law;
Your use poses risk, harm, or potential legal liability to us, other users, or third parties; or
We reasonably need to do so to protect the integrity, security, or operation of the Services.

Upon termination, your right to use the Services will cease immediately. Certain provisions of these Terms will survive termination.

4. Definitions: Inputs, Outputs, and Voice Models

For clarity in these Terms:

"Input" means all content and data you provide to or through the Services, including, but not limited to:
- Audio recordings of your voice or any other person's voice;
- Text, scripts, prompts, project files, and metadata;
- Any other material you upload, record, or otherwise submit.
"Output" means any content generated by the Services based on your Input, including, but not limited to:
- Synthetic or cloned audio;
- Transformed or processed versions of uploaded audio;
- Any other AI‑generated or AI‑modified content produced by the Services.
"Voice Model" or "User Voice Model" means a machine learning representation of a voice that the Services create or adapt from your Input (for example, a model that can generate speech that sounds like a particular speaker).
"Your Content" collectively refers to your Inputs, Outputs, and User Voice Models.

5. Your Rights in Your Content & License to kikivoice

5.1 Ownership of Your Content

Subject to the licenses granted in this Section and to third‑party rights:

You retain any intellectual property and other proprietary rights that you already have in Your Content.
Uploading or generating content through the Services does not transfer ownership of Your Content to us.

5.2 License You Grant to kikivoice (Operating & Improving the Services)

To operate, secure, maintain, and improve the Services, you grant the kikivoice team a worldwide, non‑exclusive, royalty‑free, fully paid, sublicensable, and transferable license to:

Use, host, store, reproduce, modify, adapt, translate, process, analyze, and create derivative works from Your Content;
Distribute, transmit, display, and perform Your Content, solely:
- To provide the Services and related support to you and other users;
- To maintain and improve our models, algorithms, quality, and safety systems;
- To develop new products, features, and technologies;
- To detect, prevent, and respond to security incidents, abuse, and violations of these Terms.

5.3 Use of Audio and Voice Models

To the extent Your Content includes your voice or another person's voice:

You grant us the right to use such audio and associated Voice Models only for the purposes listed above, including operating and improving the Services.
We will not sell or license your individual voice or Voice Model as a standalone product to unrelated third parties without your explicit consent, except as required by applicable laws or as reasonably necessary to protect our legal rights.

5.4 No Exclusivity in Outputs

Due to the nature of machine learning:

Outputs generated by the Services may not be unique and may be similar or identical to those generated for other users using similar Inputs;
You acknowledge that such similarity does not give you any exclusive right or claim against us or those other users.

5.5 Public Use and Disclosure Responsibility

If you choose to publish, distribute, or otherwise use any Outputs (for example in videos, podcasts, advertisements, or social media):

You do so at your own risk;
You remain fully responsible for ensuring that such use complies with these Terms, any platform rules, and applicable laws;
You must not misrepresent AI‑generated Output as being a real human performance when it is not, and should provide clear and reasonable disclosure that the content is AI‑generated or synthetic where this is needed to avoid deception or where required by law or platform policies.

6. Your Responsibilities and Legal Assurances

6.1 You Must Have All Necessary Rights and Consents

By uploading or recording any Input or using the voice cloning features, you represent and warrant that:

You are the owner of, or have obtained all necessary licenses, permissions, consents, and releases for:
- The audio recordings you upload or generate;
- Any person's voice, likeness, name, or persona embodied in such recordings;
- Any scripts, texts, or other materials you provide.
If the Input involves another person's voice:
- You have obtained that person's explicit written consent to:
  - Upload their voice recordings to the Services;
  - Create and use a Voice Model of their voice;
  - Generate synthetic speech in their voice; and
  - Use, distribute, or commercialize the resulting Outputs.
You will maintain records of such written consents and provide them to us promptly upon reasonable request.
All speakers whose voices are used for Voice Models are:
- At least 18 years old; and
- Capable of understanding and consenting to the creation and use of a Voice Model.

6.2 Prohibition on Certain Voices and Uses

You agree that you will not upload or attempt to clone:

The voice of any minor (under 18 years of age);
The voice of any reasonably well‑known public figure or political figure without their explicit written consent and only to the extent permitted by applicable law;
Any voice where doing so would violate:
- Privacy or data protection laws;
- Rights of publicity or personality;
- Copyright or other intellectual property rights;
- Any contract or confidentiality obligation to which you are subject.

6.3 No Misrepresentation or Deceptive Impersonation

You must not use the Services, any Voice Model, or any Output to:

Fraudulently impersonate another person or entity without their explicit informed consent;
Create "deepfakes" or synthetic media designed to deceive others into believing the Output is an authentic, unedited recording of a specific real person;
Commit or facilitate fraud, scams, identity theft, harassment, defamation, or any other unlawful or harmful activity.

Where you use a Voice Model that resembles a real person (including yourself), you should:

Provide all legally required disclaimers and disclosures; and
Comply with any applicable regulations and platform rules on synthetic media and AI disclosure.

6.4 No Protected Health Information or Highly Sensitive Data

You agree not to submit as Input:

Any information specially protected by health privacy laws in your jurisdiction, unless there is a separate written agreement with us that clearly permits such processing;
Highly sensitive personal data (for example government identification numbers, passwords, or financial account details) except where strictly necessary and lawfully authorized.

7. Prohibited Activities

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to:

Violate any law or regulation that applies to you.
Infringe or misappropriate any copyright, trademark, trade secret, moral rights, rights of publicity/personality, privacy rights, or other intellectual property or proprietary rights of any person.
Generate or distribute content that is illegal, harmful, harassing, threatening, defamatory, obscene, hateful, discriminatory, sexually explicit involving minors, or that incites violence or self‑harm.
Harm, exploit, or attempt to exploit minors in any way.
Mislead others by impersonating any person or entity without authorization, including by using a Voice Model to create deceptive content, or by falsely representing AI‑generated Output as a genuine, unedited recording of a real person where that would mislead a reasonable listener.
Interfere with or disrupt the integrity or performance of the Services, attempt to probe or test the vulnerability of any system or network, or introduce viruses, malware, or other harmful code.
Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying models or algorithms of the Services where this is restricted by applicable law, or use the Services or Outputs to develop or improve any product or service that directly competes with kikivoice.
Access or use the Services (other than any documented public APIs) through automated means such as bots, scrapers, or scripts designed to bypass usage limits or normal user interfaces.

We reserve the right to determine, in our discretion, whether any use violates this Section.

8. Payment, Plans, and Refund Policy

(This section applies only if and when paid plans are offered.)

8.1 Subscriptions and Usage‑Based Fees

Some features of the Services (including higher‑tier voice cloning or API usage) may require payment of fees, which may be structured as:

Monthly or annual subscription plans;
Pay‑as‑you‑go usage or overage fees;
Enterprise or custom agreements.

Details of current pricing and limits will be provided in the Service interface or in your order form.

8.2 Billing and Renewal

Subscriptions may automatically renew at the end of each billing period unless you cancel before renewal through the methods we provide;
By starting a paid plan, you authorize our chosen payment processor to charge the payment method you provide for recurring fees and any applicable taxes.

8.3 No Refunds (Except Where Required by Local Law)

Unless expressly stated otherwise:

All fees are non‑refundable, including in cases of early cancellation or unused credits;
To the extent local consumer protection rules give you additional non‑waivable rights, those rights are not limited by this clause.

9. Intellectual Property in the Services

9.1 Ownership

Except for Your Content, all right, title, and interest in and to the Services (including software, models, algorithms, text, graphics, UI design, trademarks, and logos) are owned by the kikivoice team or our licensors and are protected by applicable intellectual property laws.

9.2 License to Use the Services

Subject to your compliance with these Terms and any applicable payment obligations, kikivoice grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to access and use the Services for your internal or personal use.

Any use of the Services not expressly permitted by these Terms is prohibited and may result in termination of your account.

9.3 Trademarks

"kikivoice" and any associated logos, names, or designs are trademarks or service marks of the kikivoice team. You may not use them without our prior written consent.

9.4 Feedback

If you provide feedback, suggestions, or ideas about the Services:

kikivoice may use them for any purpose (including improving or creating products or services) without obligation to you;
You waive any claim to compensation or ownership in such improvements or derivatives.

10. Monitoring, Moderation, and Enforcement

10.1 No General Obligation to Monitor

kikivoice is not obligated to monitor all Inputs or Outputs. However, we may:

Review Your Content and your use of the Services;
Remove or disable access to any content that, in our reasonable judgment, violates these Terms or applicable law;
Suspend or terminate accounts engaged in abuse, infringement, or other violations.

10.2 Reporting Violations

If you believe content generated or hosted via the Services violates law or infringes your rights, you may contact us at [email protected] with sufficient detail to identify the content and explain your claim.

10.3 Cooperation with Authorities

Where required by applicable laws, or where we reasonably believe it necessary to protect the rights, property, or safety of users or the public, we may cooperate with competent authorities, subject to our privacy commitments and legal obligations.

11. Copyright and Other Rights Infringement

If you believe that content generated or stored via the Services infringes your copyright or other intellectual property or personality rights, please send a notice to [email protected] containing:

Your name, contact information, and a statement that you are the owner of the rights or authorized to act on the owner's behalf;
Identification of the material you claim is infringing, including where it is located within the Services (for example, any relevant identifiers or links);
A description of the nature of the alleged infringement;
A statement that the information you provide is accurate to the best of your knowledge and that you are the rights holder or authorized to act on their behalf.

Upon receiving a sufficiently detailed notice, we may remove or disable access to the allegedly infringing content and may take further steps, including terminating repeat infringers' accounts, in line with applicable laws.

12. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, share, and protect personal data.

By using the Services, you:

Consent to our processing of your personal data in accordance with the Privacy Policy;
Confirm that, where you provide personal data of third parties (for example voice recordings of other speakers), you have obtained all legally required permissions and consents to share such data with us and to have it processed as described.

Where specific data protection rules apply in your region, we aim to handle personal data in a manner that is consistent with those rules, but you remain responsible for ensuring that your own use of the Services complies with any local legal requirements that apply to you.

13. Disclaimers

13.1 Services Provided "As Is"

To the maximum extent permitted under the laws that apply to you, the Services (including all models, software, and Outputs) are provided on an "as is" and "as available" basis, without any warranties or guarantees of any kind, whether express, implied, statutory, or otherwise.

Without limiting the foregoing, we do not promise that:

The Services or Outputs will be accurate, complete, reliable, error‑free, or suitable for your particular purposes;
The Services will be uninterrupted, secure, or free from viruses or other harmful components;
Any defects will be corrected within a particular time or at all.

13.2 No Professional Advice

Outputs may contain errors, hallucinations, or other inaccuracies typical of machine learning systems. The Services and Outputs:

Are for informational and creative purposes only;
Do not constitute legal, medical, financial, or other professional advice;
Should not be relied upon as a sole source for decisions with legal, financial, health‑related, or other significant real‑world consequences.

You are solely responsible for reviewing and verifying any Outputs before using or relying on them.

14. Limitation of Liability

To the maximum extent permitted by the laws that apply to you:

The kikivoice team and its members will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings, or data, arising out of or in connection with these Terms, the Services, or any Outputs, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms, the Services, or any Outputs, whether in contract, tort, or otherwise, will be limited to the higher of:
- The amount you have paid for access to paid features of the Services during the six (6) months preceding the event giving rise to the claim; or
- 100 US dollars (USD 100).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages or implied warranties. In such cases, the above limitations will apply only to the extent allowed by the laws that apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless the kikivoice team and its members from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

Your use or misuse of the Services or any Output;
Your violation of these Terms or of any law or regulation that applies to you;
Your infringement or alleged infringement of any third‑party rights (including intellectual property, privacy, and personality rights) in connection with Your Content or your use of the Services;
Any impersonation, deepfake, or deceptive use of Voice Models or Outputs made via your account.

We may choose to assume control of the defense of any matter subject to indemnification. If we do so, you agree to cooperate with us in asserting any available defenses.

16. Governing Principles and Dispute Handling

Given that kikivoice is provided online and may be accessed from multiple locations, the exact mandatory laws and dispute resolution options available to you can depend on where you live and how you use the Services.

To the extent permitted by the laws that apply to you, these Terms are intended to be interpreted in a way that is consistent with generally accepted principles for online services and digital content.
If a dispute arises between you and the kikivoice team, we encourage you to contact us first at [email protected] so that we can attempt to resolve the matter informally.
If a dispute cannot be resolved informally, it may be brought before a competent court or other dispute resolution body that has jurisdiction under the laws that apply to you and to us. Nothing in these Terms is intended to limit any non‑waivable consumer rights or mandatory dispute resolution rules that exist in your jurisdiction.

17. Miscellaneous

These Terms, together with any additional terms or policies explicitly incorporated by reference (such as our Privacy Policy), constitute the entire agreement between you and the kikivoice team regarding the Services.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision under these Terms will not be considered a waiver of that right or provision.
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations under these Terms in connection with a reorganization, change of team structure, or similar event.
These Terms are provided in English. If they are translated into other languages, the English version is intended to be the reference in case of inconsistencies or ambiguities.

18. Contact

If you have questions about these Terms or wish to report a violation, please contact:

kikivoice team

Email: [email protected]