Terms of Service

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 Firebay Studios' 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. Below you’ll find an overview of the sections contained in these terms and what they are about:
- About these terms, which provides an overview of the document
- Your relationship with Firebay Studios, which explains how our Services work and outlines our relationship as user and service provider
- Using Firebay Studios services, which explains in more detail the rules for engaging with our Services
- Payment, term and termination, which explains how we charge for our Services and how you can opt out of using them
- In case of problems and disagreements, which explains how we will handle disputes
- Definitions, which contains a glossary of key terms used in these terms

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 Firebay Studios. 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 are provided where relevant.

Service provider
Firebay Studios Inc. is registered in the State of California. We have our registered office at 400 Spectrum Center Dr, Irvine, CA 92618.

Age requirement
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 Firebay Studios
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 “Firebay Studios”, “we”, “us”, and “our”, we mean Firebay Studios Inc. 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 Firebay Studios servicesWe 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 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 the “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).You can find out more about sharing the content you generate using our Services in our Voice Cloning Guide.

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 Firebay Studios or a third party. For example, you may provide input to a model such as "Hello, my name is Bob." 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.

Using Firebay Studios 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 Firebay Studios when published outside of our platform by including [firebaystudios.com] or [firebay.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:
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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 gcahill@firebaystudios.com:
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- 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 Firebay Studios 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, violates applicable law, or could harm others, or Firebay Studios, 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.

Payment, Term, and Termination
If you subscribe to a paid plan, you will be charged 50% upfront, starting on the day you subscribe. The exact price will be based on the current price information agreed upon. Then 50% amortized per month over the reminder of the contract.

You may terminate your subscription for convenience at any time until the end of your current billing period. Your plan’s monthly limits (number of characters, uploads, etc.) must be used during the applicable term. Any unused limits do not transfer over to the next month. Your character limit will decrease with each generation by the character cost displayed.

“Usage-based” billing offers a fixed price for each additional 1000 characters over your limit. This fixed usage-based price differs depending on your subscription plan. The additional characters are billed at the end of the billing cycle, and when the outstanding balance exceeds 2 times the subscription price. If you go over this limit and decide to upgrade or downgrade your subscription, you will be immediately charged for this outstanding “usage-based” balance, as well as for the price of your new chosen subscription plan. If you decide to upgrade your plan, then your unused characters from the previous plan will transfer to your new plan. If you downgrade your subscription, your unused characters will not be transferred.

Refund Policy
If you subscribed to a plan and you request a refund of your most recent payment within the first 30 days of your contract, please do let us know by email to your account representative within our company. You are eligible for a refund if a request is filed within 14 days of payment and no character quota was used in the period for which you are seeking the refund. Please review these additions and let me know if they accurately represent your intended changes to the terms of service.

Moderation Policy
‍If you believe that content on our Services violates these terms or infringes upon your rights, you can report it following our Moderation Policy. We will review your report and take appropriate action, which may include removing the content or taking other necessary steps. We may also contact the user who uploaded the content to gather more information or to address the issue.

‍Changes to Terms of Service
‍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 reasonsFor security reasonsTo prevent abuse or harmIf 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.

‍Governing Law
‍These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America.

Definitions
‍Affiliate - an entity that belongs to the Firebay Studios group of companies, which means Firebay Studios 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

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

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 Firebay Studios:
- Site - https://firebaystudios.com/
- Speech Synthesis - our text-based speech generation tool that allows you to produce spoken audio from writing
- Voice Cloning - our service that allows you to synthesize voice recordings that sound like a Speaker by typing new words ("Cloned Voice"), including the Instant Voice Cloning and the Professional Voice Cloning Services. 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.
- 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 Firebay Studios 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 Information
If you have questions or comments about this Terms of Service, you may email us at gcahill@firebaystudios.com or by post to:
‍
Firebay Studios LLC
Attn: Privacy Policy
400 Spectrum Center Dr
Irvine, CA 92618
United States