Last Updated: 10/1/2022
Welcome to Resemble AI.
Resemble AI (“Resemble AI”, “we”, “our” or “us”) specializes in producing synthetic voices by applying our proprietary artificial intelligence (AI) processes and software against audio data. These Terms of Service (this “Agreement”) set forth the terms and conditions that govern the access and use of our web platform, application programing interface (API), AI voice generator software-as-a-service, AI Models (as defined below) and related applications and services, including those identified on an applicable order form (collectively, the “Services”).
In order to enter into this Agreement, you must have reached, and represent and warrant that you have reached, the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity identified in an Order Form, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” will refer to such entity.
We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion. We will provide you with notice of the proposed amendment by posting an amended version of this Agreement. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of this Agreement will continue to apply.
Subject to the terms and conditions of this Agreement, you may provide us with audio files (in .wav format or such other format as may be requested by Resemble AI) and related data, including transcripts, of an individual’s voice (“Content”) for the purposes of having Resemble AI synthesizing and generating an AI voice model using and incorporating our proprietary AI processes and voice generator software (the “AI Model”).
By uploading or providing any Content to us, you grant to Resemble AI a non-exclusive and royalty-free license to use, modify, reproduce and process, all or any portion of such Content, for the purposes set out in this Agreement.
You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Resemble AI or Resemble AI’s use thereof will not violate applicable laws, the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. Resemble may require consent form the individual or third party whose voice is being cloned. Consent needs to be verbal, unless otherwise stated by Resemble. You agree that Resemble AI is not responsible for any violations of any third party intellectual property rights in any Content that you submit to Resemble AI. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you. Resemble AI, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
b. Our Materials
Except as otherwise provided expressly in this Agreement, all right, title and interest in and to the Services, including but not limited to our proprietary AI processes and voice generator software used and/or incorporated into the AI Model, and all other materials and services provided by or through Resemble AI, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, the API, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, design and functions, files, documents, images, or other materials, as well as all derivative works thereof (collectively, the “Resemble AI Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Resemble AI grants to you a non-transferable, non-sublicensable (except with prior written approval of Resemble AI), non-exclusive, revocable, limited-purpose right to access and use the Resemble AI Materials that we make available to you for the purposes of this Agreement. You are not permitted to download, copy or otherwise store any Resemble AI Materials.
You agree that any ideas, suggestions, concepts, processes or techniques which you provide to Resemble AI related to the Services (“Feedback”) are and will be Resemble AI’s exclusive property without any compensation or other consideration payable to you by Resemble AI. Resemble AI may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Resemble AI may decide into the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Resemble AI in any Feedback and, as applicable, waive any moral rights.
d. Retention of Data
AI Models and your Content are subject to Resemble AI’s data retention policies and practices. Upon the termination or expiry of this Agreement, you may request Resemble AI to destroy the AI Models and Content, in which case, Resemble AI will delete, destroy or render anonymous any Content or AI Models in accordance with its data retention policies and practices. You acknowledge and agree that, during the course of the Services, your Content may be modified, transformed and synthesized, and Resemble AI does not otherwise prepare or maintain any backups for your Content and that you are solely responsible for backing up any Content you provide to us.
You further acknowledge and agree that our performance of the Services, including the creation of AI Models using your Content, will result in the generation of various aggregated, derivative and/or metadata that is not identifiable to you or your Content (“Aggregated Data”). Resemble AI shall retain and own all right, title and interest in and to such Aggregated Data, which may be used for troubleshooting, bug fixes, continuous development and improvement of our services and processes, internal learning and training, delivery of support, among other things. To the extent you have any right, title and interest in Aggregated Data, you hereby assign all such right, title and interest to therein, and where applicable, waive any moral rights to the Aggregated Data.
To access and use the Services, you may need to log into an account with a username and password (“Account”). You agree and understand that you are responsible for maintaining the confidentiality of your Account. You agree to provide true, accurate, current and complete information in regards to your Account.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your Account to any third party. You are solely responsible for all activities that occur under your Account. If you become aware of any unauthorized use of your Account, you are responsible for notifying Resemble AI immediately.