Terms of Service

This is an agreement entered into by and between you or the entity that you represent (hereinafter “User” or “You” or “Your” or “Customer”) and CLASS CARD LLP with its registered address at H.No. 3680, First Floor, Sector 23, Gurgaon, Haryana - 122017, India (hereinafter “We” or “Us” or “Our” or “Voomo” which expression, unless repugnant to the context hereof, shall mean and include its successors, subsidiaries and assigns) governing Your access and use of Voomo’s products and services, including applications, software, application programming interfaces, tools, data, documentation, or website (collectively, “Services”). Customer and Voomo may be collectively referred to as the “Parties” or individually as a “Party.”

By accessing or using the Services, You expressly agree that You have read, understood and agreed to be bound by (i) following terms and conditions (hereinafter referred to as the “Agreement”) as well as all applicable laws and regulation, and any future updates (ii) Voomo’s Privacy Policy (hereinafter referred to as the “Privacy Policy”) found at www.voomo.ai/privacy and incorporated herein by reference (iii) Voomo’s Acceptable Use Policy (hereinafter referred to as the “Acceptable Use Policy”) found at www.voomo.ai/acceptableuse and incorporated herein by reference

Your access and use of the Services is expressly conditioned upon Your acceptance of this Agreement. If You do not agree to this Agreement, You must not access or use the Services.

Any use of the terms defined in this Agreement, in singular, plural, capitalization, and/or he/she or they are taken as interchangeable and, therefore, as referring to the same.

1. Your Responsibilities, Representations, and Warranties

By entering into this Agreement, You represent and warrant that:

1. You are 18 years or older;
2. You are not a minor in the jurisdiction in which You reside;
3. At all times, You are legally capable of entering into this Agreement and You agree to comply with this Agreement;
4. Your use of the Services will not violate any applicable law or regulation, or the Acceptable Use Policy;
5. All the information provided by You to Voomo is true, accurate, current, and complete and You will maintain the accuracy of such information as necessary;
6. In case, You are acting on behalf of some entity, You are (and will continue to be) duly authorized to enter into this Agreement and perform its obligations for and on behalf of the entity You are representing and there is no restriction, limitation, or obligation, whether contractual, statutory or otherwise, which prevent You (or the entity You represent) from maintaining Your representations and fulfilling its obligations under this Agreement;
7. Voomo has never previously terminated an Agreement with You or suspended or terminated Your access to the Services;
8. Entering into or performing the obligations under the Agreement will not violate any Agreement You have with a third party or any third-party rights; and
9. You are not a competitor of Voomo.

You agree to: ‍

• be solely responsible for, and assume the risk of any issues or problems resulting from Your use of the Services (or any part thereof) including the quality, accuracy, completeness, competence, or consistency of all content, programs, files, documentation, data, output, or other information, resources, personnel used by You and for all activities that You conduct with the assistance of the Service;
• allow Voomo to use Your personal data in accordance with the Privacy Policy for Our own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development, research and development of its AI models, improvement of its systems and technologies, and compliance with law;
• allow Voomo to access, use, index, cache and store data related to Your usage of the Services;
• not use the Services for any illegal or unauthorized purpose;
• ensure accuracy, legibility, and completeness of all data, content or other required materials or information supplied to Voomo and provide the same on schedule or in a timely manner to enable Voomo to provide You the Services;
• be responsible for Your Content;
• be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services

2. License to Your Content

As part of Your use of the Services, You may be able to input, post, upload and submit information, including but not limited to, images, audio, video, recordings, data and text (“Customer Provided Content”) to the Services, and You may use the Services to generate and output new content, including but not limited to, images, audio, video, recordings, data and text based on Your Customer Provided Content (“Customer Generated Content”). Your Customer Provided Content, Customer Generated Content and any other information, materials, or content You post, upload, submit, or make available through the Services are collectively referred to herein as “Your Content”.

Voomo does not claim any ownership rights in Your Content, and does not restrict Your ability to use Customer Generated Content for Your own purposes (including for commercial purposes), except in the case of termination as specified below, and expressly disclaims any liability arising from Your use of any Customer Generated Content for a commercial purpose.  As between Us and You, to the extent We acquire any rights in any Customer Generated Content, We hereby assign to You all right, title and interest in and to such Customer Generated Content. You understand and agree that You are solely responsible for Your Content and using it with Services, including taking all steps necessary to ensure that it does not violate any laws or rights of third parties or this Agreement. Voomo does not endorse any of Your Content or any opinion, recommendation, or advice expressed therein, and Voomo expressly disclaims any and all liability in connection with Your Content. You agree that it is solely Your choice to share any of Your Content with others (via the Service or otherwise) and Voomo has no responsibility or liability to You in relation to any such sharing of Your Content and/or for Your any other actions.

Voomo does not claim to own any of Your Content and by using the Services, You hereby grant Voomo a worldwide, non-exclusive, royalty-free, sub-licensable, transferable and irrevocable license to access, use, reproduce, host, copy, cache, store, transmit, distribute, modify, process, analyse, edit, prepare derivative works of, make available to the public, display, publish, and perform Your Content to operate, improve, promote and provide the Services and to develop new services and products as a part of Voomo’s (and its successors' and affiliates') business.

To the fullest extent permitted by applicable law, Voomo reserves the right, and has absolute discretion, to prevent, remove, screen, edit, or delete any of Your Content at any time, for any reason, and without any notice.

By posting, submitting or uploading Your Content through the Services, You represent and warrant that

• You have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content and use of Your Content in the manner contemplated by the Services and this Agreement;
• Your Content will not contain material subject to copyright or other proprietary rights, unless You have the necessary permission or are otherwise legally entitled to post the material and to grant Us the license described above;
• Your Content does not violate the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights, data protection rights or any other rights of any person or entity;
• Your Content does not contain material which is unlawful for You to possess in the country in which You or We are resident, or which would be unlawful to use in the manner contemplated by the Services and this Agreement; and
• Your Content does not violate Voomo’s Applicable Use Policy.

On becoming aware of any potential violation of this Agreement, Voomo reserves the right (but shall have no obligation) to decide whether Your Content complies with the requirements set out in this Agreement and may remove such content and/or suspend Your access to the Services and terminate this Agreement at any time, without prior notice and at its sole discretion.

This Section shall survive termination of this Agreement.

3. Intellectual Property

Voomo’s application programming interfaces, products, services, software, tools, data, documentation, website, domain names, the technology utilized by Voomo to provide the Services (and any part thereof), and copyrightable materials, graphics, text, images, users, leads, specifications, methods, procedures, information, know-how, algorithms, data, inventions, patents and patent applications, technical data, interactive features, source and object code, files, interface and trade secrets of the Service, and any trademarks, trade names, logos, designs, service mark, slogan or symbol of Voomo, other files, and the selection and arrangement thereof, also referred to as the "look and feel”, whether or not registered or capable of being registered (collectively, “Voomo’s Assets”), are owned and/or licensed to Voomo, and are subject to copyright and other applicable intellectual property rights under domestic laws, foreign laws and international conventions. Voomo retains all rights, title and interest in and to the Services and Voomo’s Assets and does not agree to any transfer of the same.

You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of Voomo’s Assets or Services or intellectual property, in whole or in part without Our prior written consent, including, without limitation, any and all text, graphics, code, software, video, audio on the Services.

We reserve the right to immediately suspend Your access to the services and terminate this Agreement without notice, if You violate this term.

4. License to Use the Service

Subject to the terms and conditions of this Agreement, We grant You a limited, non-assignable, non-exclusive, non-transferable and revocable right to access and use the Services as expressly permitted in this Agreement. Voomo retains all right, title, and interest in and does not agree to any transfer of title regarding the Services.

You must use the Services in compliance with this Agreement and the Acceptable Use Policy. You are solely responsible for compliance with laws and regulations applicable to Your use of the Services. You maintain all responsibility for determining whether the Services are accurate or sufficient for Your purposes.

If applicable to You, You may authorize your employees, affiliates and contractors (“Your Users”) to use the Services on your behalf, however, you may not authorize third parties to use the Services, and in every case, you are responsible for your account’s compliance with these Terms, independent of whether or not a party was authorized by You to use the account.

To use the Services, You (and Your Users) must register an account (“Account”) with Voomo. As part of the registration process, You must provide information which is true, current, complete and accurate, and promptly update such data to keep it true, current, complete and accurate at all times. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed Your account without Your permission. You will be responsible for all usage under Your account whether or not it is authorized by You. Voomo is not responsible for account administration and internal management of the Service for You. You agree that You will only create one account. Voomo may evaluate accounts created from time to time.

Notwithstanding the foregoing or anything to the contrary set forth herein, You must not, directly or indirectly:

• Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, decode, adapt, license, sublicense, make any commercial use, sell, offer for sale, resell, rent, lend, process, compile, reverse engineer, combine with other software, translate, or create derivative works of Voomo’s Assets or Services (including any underlying code, structure, idea, know-how, technology or algorithm), in any way or by any means, or attempt to do any of the same, except

• as otherwise expressly permitted under this Agreement, and
• create and store temporary files that are automatically cached by Your web browser for display purposes,
• for clarity, the foregoing restrictions do not apply to Your Content

• Submit, transmit, display, perform, post or store any content that is inaccurate, illegal, unlawful, including, without limitation, copyrighted images to the Services without the consent of the copyright owner, defamatory, obscene, sexually explicit, pornographic, violent, invasive of privacy or publicity rights (including, but not limited to, uploading audio, video or images of individuals to the Services without their consent), harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable (collectively and individually, “Objectionable”);
• Use the Services in a manner that violates the legal rights of others. Use the Services for bullying, disruptive or Objectionable purposes, or in a manner that violates Our policies and standards including our Acceptable Use Policy, or for political campaigning or lobbying purposes; or otherwise use the Services in a manner that is fraudulent, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, or Objectionable purposes;
• Upload, share or otherwise transmit via the Services any data that is considered to be sensitive under applicable data protection laws;
• Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, graphics, design, commercial symbol, or other proprietary notation displayed on or through the Services;
• Use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
• Access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
• Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
• Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, harvests, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
• Introduce into Our system any virus, worm, trojan horse, time bomb, logic bomb, web bug, spyware, or any other computer code, file, program or material that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, malicious, disruptive, or invasive code or material;
• Access or use any portion of the Services to build any products or services that are competitive to any portion of the Services or to create similar ideas, features, or functions of any portion of the Services;
• Access or use any portion of the Service for benchmarking, comparative or competitive purposes;
• Violate any applicable law or regulation in connection with Your access or use of the Services;
• Access or use the Services in any way not expressly permitted by this Agreement and Acceptable Use Policy;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any portion of the Services or its related systems or networks;
• Probe, scan or test the vulnerability of any portion of the Services or its related systems or networks
• Access or use of the Services in a way that circumvents their intended usage, or a contractual usage limit, or use any of the Services to access or use any of Voomo’s intellectual property except as expressly permitted under this Agreement;
• Use the Services in any way or context, that harm Voomo’s goodwill or reputation;
• Use Voomo Service for the benefit of anyone other than Yourself (or the entity You represent), unless expressly stated otherwise; and/or
• Use the Services to provide services to third parties, unless agreed with Us expressly in writing;
• Use or distribute Customer Generated Content in a misleading way, including, without limitation, representing that the Customer Generated Content is entirely human generated. Further, if You distribute Your Customer Generated Content to others, to the extent required by applicable law, You must proactively disclose that such Customer Generated Content was created using artificial intelligence technologies so as not to mislead others of its origin.

Voomo may revoke this license at any time, for any reason, without notice. Any goodwill arising from Your use of Voomo’s Assets or Services will belong to Voomo.

Voomo reserves the right, but not the obligation, to investigate and take appropriate action against anyone who, in its sole discretion, violates the provisions of this Agreement or the Acceptable Use Policy, including removing Your Content without prior notice, terminating or suspending Your access to the Services and/or reporting Your Content or activities to law enforcement authorities.

5. Subscription Services and Payment
   

1. To access and use certain Services or parts thereof, You may be required to enroll in a subscription payment plan and pay certain recurring charges, and by using those Services, You hereby agree to pay those recurring charges (all of the foregoing, hereinafter, a “Recurring Subscription”). Recurring Subscription may be bound by specific usage limits and restrictions. The duration of Your Recurring Subscription (“Subscription Period”) will be provided when You make Your purchase.
2. Your Recurring Subscription will automatically renew at the end of each Subscription Period for the upcoming Subscription Period, until You cancel Your Recurring Subscription in accordance herewith or Your Recurring Subscription is otherwise terminated. You authorize Us to store Your payment method information and to automatically charge Your payment method, in advance, for the amount of Your Recurring Subscription with no further action required by You. All payments will be charged to the payment method last used by You. In case You would like the payment to be made through a different payment method You have the option of changing the details through Your account.
3. If you add Services to your Recurring Subscription in the middle of your subscription period, you will be charged for such additional Services through the end of the then-current subscription period.
4. You may cancel Your Recurring Subscription through Your account at the end of Your current Subscription Period.
5. In case the initial attempt to charge Your provided payment method fails, We may attempt again (one or more times). In the event that Voomo is unable to charge Your payment method as provided by You, Voomo may in its sole discretion, at any time, suspend Your access to the Services until payment is received or terminate this Agreement without notice.
6. You may incur additional charges (beyond cost of Recurring Subscription) if Your usage exceeds the specified usage limits provided under the Recurring Subscription. You will be charged and pay usage overage fees for Your Recurring Subscription, as indicated to You upon subscribing or, if not specified in Your Recurring Subscription, at Voomo’s then current a la carte rates which are available on the Pricing Page (https://www.voomo.ai/pricing). In such an event, You hereby authorize Us to charge the payment method provided by You.
7. From time to time, Voomo may change the price of any Service (or part thereof), or charge for use of Services (or part thereof) that are currently available free of charge. Any change in charges will not apply until the end of Your current subscription period for which You have paid. Voomo will provide notice for any change in price that may impact You. If You do not cancel, Your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the subscription period as the previous renewal of Your Recurring Subscription, and Vomo will charge Your provided payment method at the time of renewal.
8. All payment obligations are binding. You accept that You are responsible for ensuring that Voomo receives payment as per the terms of this Agreement. In the event of overdue or pending payments, Voomo may in its sole discretion, at any time, suspend Your access to the Services until payment is received or terminate this Agreement without notice.
9. All payments are non-refundable, except where required by law.
10. Payments will be calculated solely based on Our accounting. For any dispute related to payment charged, made or withheld relating to the Service, You must notify Voomo in writing within 30 days of any such payment. If You do not, any claim relating to the disputed payment is waived.
11. Unless specified otherwise, payment from You will be treated as inclusive of tax (as applicable) and will not be adjusted.
12. Voomo uses Paddle (https://paddle.com) as a third party payment processor ("Payment Processors") to process payments and invoices. The processing of payments may be subject to the terms and conditions as well as the privacy policies of the Payment Processors in addition to this Agreement. Voomo is not responsible for any defects related to or services by the Payment Processors. You authorize Voomo to use the Payment Processors to process payments and invoices, and consent to the disclosure of Your payment and billing information to them.
13. You represent and warrant that 

1. You have the right to use any payment method that You provide in connection with a payment. We may receive updated information from Your issuing bank or Our Payment Processor about any payment method You have stored with us;
2. You authorize Us to charge Your payment method, including any updated payment method information We receive, for any charges You are responsible for under this Agreement. Verification of information may be required prior to the acknowledgment or completion of any transaction;
3. You will pay all charges incurred by You or on Your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to Your transactions;
4. In the event legal action is necessary to collect on balances due, You will reimburse Us and Our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses; 
5. You will provide current, complete and accurate information for billing and payment processing, and will promptly update all information to keep them current, complete and accurate. You are responsible for ensuring that accurate updated payment method and billing information is available with Voomo at all times;
6. You will notify Voomo and Our Payment Processors if the payment method is canceled (for example for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of username or password; and
7. If You fail to provide any of the foregoing information, You agree that Voomo will continue charging You for Recurring Subscription and any additional charges, as applicable, until You cancel Your Recurring Subscription in accordance herewith or Your Recurring Subscription is otherwise terminated.

14. Reservation of Rights. Voomo reserves the right, including without prior notice to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for services; to correct any errors or mistakes in pricing, even if We  have already requested or received payment; and to refuse to provide any user with any Service.
    
    

6. Use of Avatars

The Service may allow You to use a synthetic avatar as presenter in Customer Generated Content based on real-life persons (“Avatar”)

You understand and acknowledge that Avatars available in the Services are based-on real people and the use of Avatars is subject to specific licensing conditions. Accordingly, if You wish to use an Avatar, then additional restrictions apply as set out in the Acceptable Use Policy.

7. Use of Custom Avatars

The Service may allow You to use a synthetic avatar based on the visual representation and/or voice of a real-life person selected by You (“Custom Avatar”).

You may upload recordings, which may include image, video and/or audio recordings, (“Recordings”) of Yourself or of an individual from whom You have explicitly received all necessary consents, licenses and waivers required to upload the Recordings on their behalf (an “Individual”), to create clones of Your voice and/or avatar based on the Recordings. The Recordings shall be considered as Customer Provided Content.

By uploading Your, or an Individual’s Recordings to create clones of Your voice or avatar, You represent and warrant that:

• You are at least 18-years old and You have validly and freely consented to the use of Your Recordings,
• You have read and understood the information provided to You regarding the processing of Your personal data (available in Privacy Policy)
• You are the creator and owner of the Recordings or You have otherwise explicitly obtained all necessary consents, licenses and waivers required to create, record, submit, publish, and use the Recordings in connection with the Services, and Your Recordings, Your use of the Custom Avatar, and Your Content will not violate the rights of any third party (including intellectual property rights or rights of privacy) or any applicable law. If requested, You will provide such explicit consents, licenses and waivers to Voomo.
• You will be responsible for ensuring that Your creation, use, or sharing of the Custom Avatar does not violate any laws or rights of third parties or this Agreement or Our Acceptable Use Policy
• The Individual reserves the right to request removal of their likeness from Our Services at any time. You will be responsible for honoring any request by or on behalf of an Individual to remove content depicting the Individual wherever You have published such depictions. An Individual may also contact Voomo at support@voomo.ai to request removal of content depicting them from Our Services.
• You will provide timely and adequate assistance reasonably requested by Voomo, such as providing the relevant Recordings in a format specified by Voomo.
• You will be responsible for the Recordings, including for obtaining and maintaining any third-party services needed to share the Recordings with Voomo.
• You will also be responsible for maintaining the security of the Recordings in-transit.
• You choose to use the Custom Avatars at Your sole discretion and at Your own risk; The Custom Avatar Feature has not been developed to meet Your specific requirements and so We  cannot promise that it will be fit or suitable for Your specific purposes or that it will be compatible with all or any hardware or software which You may use.
• You understand and acknowledge that in case of termination of this Agreement, for any reason, Your Recordings and Custom Avatar will be deleted, but may not be returned to You.

The Recordings will be used by Us in accordance with the terms applicable to Customer Provide Content as set out in this Agreement. Voomo does not claim any ownership over Your Recordings. You agree that, as between You and us, We own all legal rights, title and interest (including all intellectual property rights) in and to the Services, which includes (but is not limited to) all source code, technical capability for avatar synthesis, voice cloning or voice design, databases, functionality, software, technology, videos, website designs, text and graphics contained in Our Services, (ii) the Custom Avatar, and (iii) any output generated by the Custom Avatar, ((i), (ii) and (iii) together being the “Custom Avatar IP”). If and to the extent any Intellectual Property Rights in the Custom Avatar IP vests in You, You hereby assign (and in the case of copyright, by way of a present assignment of future copyright) all of the intellectual property rights in the Custom Avatar IP which are capable of being assigned together with the right to sue for past infringement of the intellectual property rights in the Custom Avatar IP.

Creating Custom Avatars of other Individuals (other than an Individual as defined above) is strictly prohibited. You are solely responsible for the development, content, operation, maintenance, and use of Your Recordings and Your Custom Avatar. Voomo reserves the rights to monitor and review Recordings and Your use of the Custom Avatar Feature, and to suspend or terminate Your access to the Custom Avatar Feature (including Your Custom Avatar(s)) in accordance with this Agreement and Acceptable Use Policy.

It is Your responsibility to collect all necessary consents, authorisations and licenses and waivers from the relevant Individual for use as Custom Avatar and to comply with the restrictions and limitations of such consents, authorisations and licenses and waivers.