LAST UPDATE: 05.08.2026
These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you and Sigmoid Creativity S.R.L., a company incorporated under the laws of Romania, having its registered office at Str. Argentina 25, Bucharest, Romania, registered with the Trade Registry under no. J2021008970407 and tax identification number RO44318031, doing business as Cleanvoice AI (“Cleanvoice”, “we”, “us” or “our”).
These Terms govern your access to and use of the Cleanvoice website, web application, APIs, software, products, features, tools and any other related services made available by Cleanvoice from time to time (collectively, the "Services", as defined below).
By creating an account, accessing, browsing or otherwise using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms.
Where you are required to expressly accept these Terms, including by selecting a checkbox, clicking an “Accept”, “Sign up”, “Continue” or similar button, or by any other electronic means made available by Cleanvoice, such action constitutes your valid and legally binding acceptance of these Terms and has the same legal effect as a handwritten signature, to the fullest extent permitted by applicable law.
If you access or use the Services on behalf of a company, organization or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms. In such case, references to “you” or “your” mean both you and that entity.
By accessing or using the Services, you acknowledge that you have had the opportunity to review these Terms and, where appropriate, obtain independent legal advice before accepting them.
You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations in the jurisdictions relevant to you.
If you do not agree to these Terms, you must not access or use the Services.
These Terms should be read together with our Privacy Policy, Cookie Policy, Data Processing Agreement, where applicable, Service Level Agreement, where applicable, and any other documents expressly incorporated by reference. In the event of any conflict between these Terms and a separate written agreement entered into between you and Cleanvoice, that separate written agreement shall prevail solely with respect to its subject matter.
1. DEFINITIONS
1.1. For the purposes of these Terms, the following capitalized terms shall have the meanings set out below:
“Account” means the account created by or on behalf of a User to access and use the Services.
“Beta Features” means any features, functionalities, products or services designated by Cleanvoice as beta, preview, early access, experimental, testing or by any similar designation.
“Content” means any audio, video, text, prompts, instructions, files, metadata, images, information or other materials uploaded, submitted, transmitted, generated or otherwise made available by or on behalf of a User through the Services.
“Credits” means any processing credits purchased by, allocated to or otherwise made available to a User for use of the Services.
“Documentation” means any documentation, user guides, API documentation, technical specifications, implementation guides, knowledge base articles or other materials made available by Cleanvoice regarding the Services, as updated from time to time.
“Fees” means all subscription fees, charges, Credit purchases and any other amounts payable by the User to Cleanvoice for access to or use of the Services, excluding any applicable taxes, duties, levies or governmental charges unless expressly stated otherwise.
“Order Form” means any ordering document, order confirmation, quotation, subscription agreement or other written or electronic document entered into between Cleanvoice and a User that specifies the Services, applicable Fees or other commercial terms.
“Results” means any output generated or produced through the Services based on the User’s Content, including edited audio or video, transcripts, summaries, show notes, chapters, translations, metadata or any other output generated by the Services.
“Services” means the Cleanvoice website, web application, APIs, software, artificial intelligence models, machine learning technologies, features, tools, functionalities, and any other products or services made available by Cleanvoice from time to time.
“Subscription” means any recurring or fixed-term paid plan granting a User the right to access and use the Services in accordance with the applicable commercial terms.
“Third-Party Provider” means any third party engaged by Cleanvoice in connection with the provision, operation, maintenance, security or support of the Services, including cloud providers, hosting providers, artificial intelligence providers, payment processors, analytics providers, communication providers and other technology providers.
“User”, “you” or “your” means any individual or legal entity accessing or using the Services, including any employee, contractor, representative or other person acting on behalf of a legal entity.
1.2. Unless the context requires otherwise:
1.2.1. words importing the singular include the plural and vice versa;
1.2.2. references to one gender include every gender;
1.2.3. references to a person include any individual, company, partnership, corporation, governmental authority or other legal or commercial entity;
1.2.4. references to Sections are references to Sections of these Terms;
1.2.5. the words “including”, “includes”, “such as”, “for example” and similar expressions shall be construed as meaning “including without limitation”;
1.2.6. references to applicable law include any law, regulation, ordinance, directive, judgment, order or legally binding decision of a competent authority, as amended or replaced from time to time.
2. USE OF THE SERVICES
2.1. The Services may only be accessed and used by individuals who are at least eighteen (18) years of age and have the legal capacity to enter into binding agreements under the applicable law. By accessing or using the Services, you represent and warrant that you satisfy these requirements.
2.2. Where you access or use the Services on behalf of a legal entity, both you and that entity shall be jointly responsible for compliance with these Terms.
2.3. You may access and use the Services solely in accordance with these Terms, the applicable Documentation and all applicable laws and regulations. You are solely responsible for ensuring that your use of the Services complies with all legal, regulatory, contractual and professional obligations applicable to you.
2.4. You are solely responsible for determining whether the Services, including any Results generated through the Services, are suitable for your intended purposes and for ensuring that your use of the Services complies with any industry-specific requirements, internal policies or contractual obligations applicable to you.
2.5. Certain Services, functionalities or features may be available only under specific Subscription plans, may require additional Fees or Credits, or may be subject to additional terms, Documentation, technical requirements or usage limitations.
2.6. Cleanvoice may refuse, restrict or discontinue access to all or part of the Services where reasonably necessary to comply with applicable law, protect the security or integrity of the Services, prevent fraud or abuse, or otherwise protect the legitimate interests of Cleanvoice, its Users or third parties.
2.7. You acknowledge that access to certain Services may depend on technical compatibility, internet connectivity, Third-Party Providers or other external factors outside Cleanvoice’s reasonable control.
2.8. Nothing in these Terms shall be construed as obliging Cleanvoice to make any particular feature, functionality, artificial intelligence model or Service available to any User, except where expressly agreed in writing.
2.9. Cleanvoice and a User may enter into a separate written agreement governing the use of the Services. In the event of any inconsistency between these Terms and such agreement, the separate written agreement shall prevail solely with respect to the matters expressly governed therein.
3. ACCOUNT REGISTRATION AND SECURITY
3.1. To access certain Services, you must create an Account and provide the information requested during the registration process. You represent and warrant that all information provided to Cleanvoice is accurate, complete, current and not misleading, and you agree to promptly update such information whenever necessary.
3.2. Cleanvoice may refuse to create, activate or maintain an Account, or may require additional information or verification, where it reasonably believes that the information provided is inaccurate, incomplete, misleading, fraudulent, unlawful or otherwise inconsistent with these Terms or applicable law.
3.3. Your Account is personal to you or, where applicable, to the legal entity on whose behalf it was created. Unless expressly authorized by Cleanvoice, you shall not sell, assign, transfer, sublicense, lease, share or otherwise make your Account or any access credentials available to any third party.
3.4. You are responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, API credentials, authentication tokens and any other authentication methods associated with your Account. You must implement and maintain appropriate technical and organizational measures to prevent unauthorized access to your Account.
3.5. You shall not create multiple Accounts, use another person’s Account or otherwise attempt to circumvent any Subscription limits, usage restrictions, technical limitations, promotional offers or other restrictions applicable to the Services.
3.6. You are solely responsible for all activities carried out through or in connection with your Account, including uploads, processing requests, API calls, purchases, Subscription changes, use of Credits, communications and any other activity performed using your Account credentials.
3.7. If you access or use the Services on behalf of a company, organization or other legal entity, that entity shall be responsible for all activities performed through Accounts created, administered or used on its behalf, including those of its employees, contractors, representatives and other authorized users. You represent and warrant that you are duly authorized to act on behalf of that entity.
3.8. You are responsible for maintaining appropriate internal access controls and for promptly removing or restricting access for any person who is no longer authorized to use the Services on your behalf.
3.9. Where multi-factor authentication or other enhanced security measures are made available by Cleanvoice, you are encouraged to enable and use them. Cleanvoice may require the use of such security measures for certain Accounts, Subscription plans or functionalities.
3.10. If you become aware of, or reasonably suspect, any unauthorized access to or use of your Account, any compromise of your credentials or any other security incident affecting your Account, you must immediately notify Cleanvoice at contact@cleanvoice.ai, take all reasonable steps to prevent further unauthorized use and reasonably cooperate with Cleanvoice in investigating and mitigating the relevant security incident.
3.11. Cleanvoice is entitled to rely upon any instruction, request, communication or other activity authenticated through your Account or the applicable authentication mechanisms as having been duly authorized by you. Cleanvoice shall have no obligation to independently verify the identity or authority of any person using valid Account credentials, except where required by mandatory applicable law.
3.12. Cleanvoice may require additional information or verification to confirm your identity, ownership of an Account, payment authorization or authority to act on behalf of a User. Pending completion of such verification, Cleanvoice may temporarily suspend or restrict access to all or part of the Services.
3.13. Cleanvoice may suspend, restrict, disable or terminate an Account, or refuse access to all or part of the Services, immediately and without prior notice, where it reasonably believes that:
3.13.1. any information associated with the Account is inaccurate, false, incomplete or misleading;
3.13.2. the Account is being used in breach of these Terms, any other separate written agreement governing the use of the Services, or applicable law;
3.13.3. the Account is being used fraudulently, abusively or in a manner intended to circumvent Subscription limits, usage restrictions, payment obligations or technical safeguards;
3.13.4. the Account is being used in an excessive, abnormal or unusual manner that may adversely affect the security, integrity, availability or performance of the Services;
3.13.5. the Account has been compromised or otherwise presents a security risk;
3.13.6. Cleanvoice reasonably suspects payment fraud, unauthorized payment activity, money laundering or any other financial crime;
3.13.7. such action is necessary to protect the security, integrity, availability or reputation of the Services, Cleanvoice, its Users or any third party; or
3.13.8. Cleanvoice is required to do so by applicable law or by a competent authority.
3.14. Cleanvoice shall not be liable for any loss, damage, cost or expense arising from your failure to protect your Account credentials, from unauthorized access to or use of your Account, or from any action reasonably taken by Cleanvoice in reliance on instructions, requests or communications authenticated through your Account, except to the extent resulting from Cleanvoice’s gross negligence, wilful misconduct or any liability that cannot be excluded under applicable law.
3.15. Cleanvoice may require Users to periodically update their credentials, reset passwords or implement additional security measures where reasonably necessary to protect the Services, Users or Cleanvoice’s systems.
3.16. Cleanvoice may log, monitor and retain records relating to authentication events, login attempts, API authentication, access history and other security-related events for security, fraud prevention, compliance, operational and audit purposes, in accordance with the Privacy Policy and applicable law.
3.17. Cleanvoice may reclaim or require you to change any username, workspace name or other Account identifier where it reasonably believes that such identifier infringes third-party rights, impersonates another person or entity, is misleading, offensive or unlawful, or otherwise creates a legal, operational or reputational risk for Cleanvoice.
4. THE SERVICES
4.1. Cleanvoice provides an artificial intelligence-powered software platform designed to assist Users in processing, enhancing, editing, analysing and otherwise transforming audio, video, text and other supported content through a variety of automated technologies and artificial intelligence-powered functionalities.
4.2. Depending on the functionalities made available from time to time, the Services may include, without limitation, audio enhancement, removal of filler words, silence, background noise and other unwanted elements, transcription, translation, summarization, title generation, chapter generation, speaker detection, content analysis, editing, export functionalities, API access, integrations and any other features or capabilities made available by Cleanvoice.
4.3. The Services are continuously developed, maintained and improved. Cleanvoice may, at any time and without liability, add, modify, replace, improve, suspend or discontinue any feature, functionality, artificial intelligence model, workflow, integration, API, processing method, user interface or technical component of the Services.
4.4. Unless expressly agreed otherwise in writing, nothing in these Terms shall be construed as obliging Cleanvoice to maintain, support or continue providing any particular feature, functionality, artificial intelligence model, integration, API or version of the Services for any specific period of time.
4.5. Certain Services or functionalities may be available only under specific Subscription plans, may require additional Fees or Credits, or may be subject to additional Documentation, technical requirements, fair use limitations or other conditions determined by Cleanvoice from time to time.
4.6. Cleanvoice may establish, modify or enforce technical limitations relating to the Services, including processing limits, file size limits, supported file formats, usage quotas, API rate limits, storage limits or other operational restrictions, where reasonably necessary for technical, operational, commercial or security reasons.
4.7. The Services may rely upon Third-Party Providers, including cloud infrastructure providers, hosting providers, artificial intelligence providers and other technology providers. Cleanvoice may replace, remove or modify any Third-Party Provider at any time.
4.8. Certain functionalities may depend on the availability, performance or limitations of Third-Party Providers. Cleanvoice does not guarantee that any particular Third-Party Provider, artificial intelligence model or technology will remain available for any specific period of time.
4.9. Cleanvoice may introduce, modify or discontinue free plans, trial features, beta features, experimental functionalities or promotional offerings at any time, with or without prior notice, unless otherwise required by applicable law.
4.10. The Services may be updated automatically, including through changes to software, infrastructure, artificial intelligence models, security measures or technical components. Such updates may affect the appearance, functionality or performance of the Services and shall not, by themselves, constitute a defect or failure of the Services.
4.11. From time to time, Cleanvoice may issue recommendations, implementation guidance, Documentation or best practices regarding the use of the Services. Unless expressly agreed otherwise in writing, such materials are provided for informational purposes only and do not constitute legal, technical or professional advice.
4.12. Nothing in these Terms shall be construed as creating an obligation on Cleanvoice to develop, release or make available any future feature, functionality, integration, artificial intelligence model or enhancement, regardless of any roadmap, public statement, demonstration or communication made by or on behalf of Cleanvoice.
5. ARTIFICIAL INTELLIGENCE FEATURES AND RESULTS
5.1. The Services use artificial intelligence, machine learning and other automated technologies to process Content and generate Results. The Results are generated automatically based on the Content provided by the User, the instructions and configuration selected by the User, and the artificial intelligence models and technologies available at the relevant time.
5.2. Artificial intelligence technologies are inherently probabilistic and non-deterministic. As a result, the Services may generate Results that are inaccurate, incomplete, inconsistent, misleading, biased, outdated, unexpected or otherwise unsuitable for a particular purpose.
5.3. The quality, accuracy, completeness and usefulness of the Results depend on numerous factors outside Cleanvoice’s control, including the quality of the Content, the instructions provided by the User, the selected settings, the characteristics of the applicable artificial intelligence models and the inherent limitations of automated processing.
5.4. The same or substantially similar Content may generate different Results at different times, including as a result of updates to the Services, changes to the artificial intelligence models, modifications to processing methods or other technical developments. Likewise, similar or identical Results may be generated for different Users.
5.5. The Services are intended solely as productivity and content-processing tools.
5.6. You are solely responsible for reviewing, verifying, validating and approving all Results before using, publishing, distributing, relying upon or otherwise making them available to any third party.
5.7. You are solely responsible for determining whether the Results are appropriate, accurate and suitable for your intended purpose and for ensuring that your use of the Results complies with all applicable laws, regulations, contractual obligations and professional standards.
5.8. Cleanvoice does not represent or warrant that the Results will be accurate, complete, reliable, error-free, original, non-infringing or suitable for any particular purpose.
5.9. Cleanvoice may, at any time and without prior notice, update, replace, remove or modify the artificial intelligence models, machine learning technologies, prompts, processing methods or other technologies used to provide the Services. Such changes may affect the quality, format, characteristics or content of the Results and shall not constitute a defect or failure of the Services.
5.10. Certain functionalities may be performed entirely through automated processing without human review, intervention or verification by Cleanvoice.
5.11. Cleanvoice does not review, verify or validate the factual accuracy, appropriateness or quality of any Results before they are made available to the User, except where this is strictly necessary for customer support, technical troubleshooting, legal compliance or the protection of the Services.
5.12. You acknowledge that your use of the Services and any reliance upon the Results is entirely at your own risk. Cleanvoice shall not be responsible for any decision made, action taken or omitted, or any consequence arising from your or any third party’s use of or reliance upon any Results.
5.13. Nothing in these Terms shall be interpreted as requiring Cleanvoice to maintain any particular artificial intelligence model, model provider, model version or processing methodology. Cleanvoice may replace any such component at its sole discretion in accordance with these Terms.
5.14. Cleanvoice does not represent that any artificial intelligence model used within the Services has been trained for any particular industry, profession or use case.
5.15. Particular artificial intelligence models may be withdrawn, replaced or become unavailable due to decisions of Third-Party Providers.
5.16. You acknowledge that the use of artificial intelligence involves inherent technological limitations and uncertainties and agree that such limitations form part of the nature of the Services.
6. SUBSCRIPTIONS, CREDITS AND PAYMENTS
6.1. Certain Services may be provided free of charge, on a trial basis, through purchased Credits or under a paid Subscription. The features, functionalities, usage allowances, technical limitations, applicable Fees, billing periods and other commercial terms are determined by Cleanvoice from time to time and communicated through the Services, the applicable Order Form, the Documentation or other commercial materials made available by Cleanvoice.
6.2. Cleanvoice may introduce, modify, suspend or discontinue any free plan, trial, promotional offer, free usage allowance or other promotional program at any time. Eligibility for any such offering shall be determined by Cleanvoice and may be modified or withdrawn at its discretion.
6.3. Paid Subscriptions are billed in advance for the applicable billing period and, unless otherwise stated, automatically renew for successive renewal periods until cancelled in accordance with these Terms. By purchasing a Subscription, you authorize Cleanvoice and its payment processors to charge all applicable Fees, taxes and other amounts due using your selected payment method.
6.4. You are responsible for maintaining accurate, complete and up-to-date billing, payment and invoicing information throughout the duration of your Subscription. Failure to maintain a valid payment method may result in the suspension or termination of your access to the Services.
6.5. Credits may be purchased or otherwise allocated for use of the Services. Unless expressly stated otherwise by Cleanvoice, Credits:
6.5.1. are non-refundable;
6.5.2. are non-transferable;
6.5.3. have no monetary or cash value;
6.5.4. may not be sold, assigned, pledged, exchanged or otherwise transferred to any third party; and
6.5.5. may only be used to access the Services in accordance with these Terms.
6.6. Credits remain valid only for the validity period communicated by Cleanvoice at the time of purchase or allocation. Upon expiry, unused Credits automatically expire without compensation, reimbursement or conversion into cash, unless otherwise required by applicable law or expressly agreed by Cleanvoice. Expired Credits cannot be reinstated unless Cleanvoice expressly determines otherwise.
6.7. Unless expressly stated otherwise, all Fees are exclusive of applicable taxes, duties, levies, withholdings or other governmental charges. You are solely responsible for paying all taxes arising from your use or purchase of the Services, except taxes imposed on Cleanvoice’s income.
6.8. Payments may be processed through Third-Party Providers. Your use of any payment processor may also be subject to that provider’s own terms and conditions. Cleanvoice does not store complete payment card information and shall not be responsible for any act, omission, interruption, failure or security incident attributable to any payment processor, except to the extent required by applicable law.
6.9. Except where required by applicable law or expressly agreed in writing, all Fees, Subscription payments and Credit purchases are final and non-refundable. No refund or credit shall be provided for partially used Subscription periods, unused Credits, reduced usage, inactivity, dissatisfaction with the Results or your decision to stop using the Services.
6.10. If any payment is declined, rejected, reversed, subject to a chargeback, not received when due or otherwise fails for any reason, Cleanvoice may, without prejudice to any other rights or remedies:
6.10.1. suspend or restrict access to the Services;
6.10.2. downgrade your Subscription;
6.10.3. disable paid functionalities;
6.10.4. refuse to process further Content;
6.10.5. recover any outstanding amounts together with any costs reasonably incurred in connection with such recovery; and
6.10.6. terminate your Subscription or Account in accordance with these Terms.
6.11. You shall not initiate or encourage any unjustified chargeback or payment reversal. Where Cleanvoice reasonably determines that a chargeback or payment dispute is fraudulent, abusive or otherwise unjustified, Cleanvoice may suspend or terminate your access to the Services and pursue any remedies available under these Terms or applicable law.
6.12. Cleanvoice may modify its Fees, Subscription plans, Credits, billing methods, usage allowances, included features or other commercial terms at any time. Unless otherwise stated, such changes shall apply to future purchases and, in the case of existing Subscriptions, from the next renewal date following reasonable prior notice where required by applicable law.
6.13. Promotional prices, discounts, introductory offers or other temporary commercial benefits are granted solely for the applicable promotional period and do not create any right or legitimate expectation that the same pricing or conditions will continue to apply following the end of the relevant promotion.
6.14. You may cancel your Subscription at any time using the cancellation functionality made available through the Services or by any other method designated by Cleanvoice. Unless otherwise required by applicable law or expressly agreed by Cleanvoice, cancellation shall take effect at the end of the then-current billing period and shall not affect any Fees already due or paid.
6.15. If you believe that any invoice, charge or payment has been issued incorrectly, you must notify Cleanvoice within fifteen (15) days of the relevant charge. Failure to notify Cleanvoice within such period shall not prejudice any mandatory statutory rights but may limit Cleanvoice’s ability to investigate or correct the matter.
6.16. Cleanvoice reserves the right to correct any typographical, administrative or manifest pricing error, calculation error or other obvious mistake relating to the Fees, Credits, Subscription plans or commercial terms. The publication of an incorrect price or commercial condition shall not create any obligation for Cleanvoice to provide the relevant Services on the basis of such error.
6.17. If you are a consumer residing in the European Union or the European Economic Area, you may have a statutory right of withdrawal under applicable consumer protection laws. Where you request immediate access to digital content or digital services before the expiry of the withdrawal period, you expressly acknowledge and agree that the performance of the Services begins immediately and that your right of withdrawal may be reduced or lost to the extent permitted by applicable law.
7. CUSTOMER CONTENT
7.1. The Services allow you to upload, submit, transmit, store and otherwise make available Content for processing through the Services. You remain solely responsible for your Content and for any Results generated from it.
7.2. As between you and Cleanvoice, you retain all right, title and interest, including all intellectual property rights, in and to your Content.
7.3. Subject to applicable law, you also retain all right, title and interest in and to the Results generated through the Services from your Content. Cleanvoice does not claim ownership over your Results.
7.4. In order to provide the Services, you grant Cleanvoice, for the duration necessary to provide the Services and to retain the Content in accordance with these Terms, a worldwide, non-exclusive, royalty-free license to receive, host, store, copy, reproduce, transmit, process, modify solely as technically necessary, and otherwise use your Content and Results strictly to the extent necessary to provide the Services requested by you.
7.5. Cleanvoice will not use your Content or Results for any purpose other than providing the Services requested by you, except where strictly required by applicable law or by a binding request from a competent authority.
7.6. To provide the Services, Cleanvoice may engage third-party service providers, including cloud infrastructure providers, hosting providers, artificial intelligence providers, payment processors and other technical service providers. Such providers shall process your Content only to the extent necessary for the provision of the Services and subject to appropriate contractual, technical and organizational safeguards consistent with applicable data protection laws.
7.7. You acknowledge that certain processing operations may be performed automatically by artificial intelligence systems without human review.
7.8. Cleanvoice has no general obligation to monitor, review, verify, moderate or validate your Content or the Results generated through the Services. The fact that Cleanvoice may review certain Content in connection with customer support, abuse prevention, legal compliance or technical troubleshooting shall not create any ongoing obligation to monitor or review any Content. Any such review shall be limited to the extent reasonably necessary for the relevant purpose.
7.9. You represent and warrant that, throughout your use of the Services:
7.9.1. you own, control or otherwise have all rights, licenses, permissions and legal bases necessary to upload, process and use the Content through the Services;
7.9.2. your use of the Services and your Content do not infringe the intellectual property rights, privacy rights, publicity rights, contractual rights or any other rights of any third party;
7.9.3. your Content complies with all applicable laws and regulations;
7.9.4. where your Content contains personal data, you have all necessary legal grounds, notices, authorizations and, where required, consents for such processing;
7.9.5. your Content does not contain malicious code, viruses or other harmful components that may affect the Services or third parties.
7.10. You remain solely responsible for maintaining appropriate backup copies of your Content and Results. Cleanvoice is not a backup or archiving service and shall have no liability for any loss of Content or Results in accordance with these Terms.
7.11. Cleanvoice may, but shall have no obligation to, refuse, suspend, remove or disable access to any Content where it reasonably believes that such Content:
7.11.1. violates these Terms;
7.11.2. infringes applicable law or third-party rights;
7.11.3. creates a security, legal or operational risk for Cleanvoice, its Users or third parties;
7.11.4. may expose Cleanvoice to liability.
7.12. If any third party asserts a claim against Cleanvoice arising out of or relating to your Content or your use of the Services, you shall remain solely responsible for such Content and Results and, to the maximum extent permitted by applicable law, shall indemnify Cleanvoice in accordance with these Terms.
7.13. Cleanvoice may generate and use aggregated, anonymized and de-identified information derived from the use of the Services for statistical, analytical, security, operational and service improvement purposes, provided that such information does not identify you, your Content, your Results or any individual. Such aggregated, anonymized and de-identified information shall not constitute Content, Results or personal data.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. For the purposes of these Terms, “Intellectual Property Rights” means any and all intellectual and industrial property rights existing anywhere in the world, whether registered or unregistered, including any applications for such rights and any renewals or extensions thereof, including, without limitation, copyrights and related rights, database rights, patents, utility models, trademarks, service marks, trade names, business names, logos, domain names, rights in designs, trade secrets, know-how, confidential information, moral rights, software rights, rights in algorithms, artificial intelligence models, machine learning models, training methodologies, source code, object code, APIs, documentation, inventions, discoveries, processes and any other proprietary rights of a similar nature.
8.2. The Services, including all software, source code, object code, APIs, artificial intelligence models, machine learning models, algorithms, workflows, processing methodologies, prompts, system prompts, software architecture, user interface, design, layout, functionalities, databases, documentation, trademarks, logos, trade names, know-how, confidential information and all other components of the Services, together with all Intellectual Property Rights therein, are and shall remain the exclusive property of Cleanvoice and/or its licensors.
8.3. Except for the limited right to access and use the Services expressly granted under these Terms, nothing contained in these Terms shall be construed as granting, assigning, transferring or licensing to you any Intellectual Property Rights in or relating to the Services.
8.4. Subject to your compliance with these Terms and payment of all applicable fees, Cleanvoice grants you a limited, personal (or, where applicable, internal business), non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services solely for their intended purpose and only during the applicable Subscription or other authorized period of use.
8.5. Except to the extent expressly permitted under these Terms or by mandatory applicable law, you shall not, directly or indirectly, and shall not permit or assist any third party to:
8.5.1. copy, reproduce, distribute, publicly display, publish or otherwise exploit the Services;
8.5.2. modify, adapt, translate or create derivative works of the Services;
8.5.3. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, algorithms, models, prompts, system architecture or underlying ideas of the Services;
8.5.4. access the Services for the purpose of developing, training, benchmarking or improving any competing product or service;
8.5.5. use the Services or any Results to extract, infer or reconstruct any artificial intelligence model, machine learning model, dataset, prompt, workflow or technical implementation used by Cleanvoice;
8.5.6. remove, alter or obscure any copyright, trademark or other proprietary notices;
8.5.7. use any trademark, logo, trade name or other branding of Cleanvoice without Cleanvoice’s prior written consent;
8.5.8. exploit the Services in any manner exceeding the rights expressly granted under these Terms.
8.6. Any suggestions, ideas, recommendations, enhancement requests or other feedback you voluntarily provide regarding the Services may be used by Cleanvoice without restriction and without any obligation to compensate you. For the avoidance of doubt, this Section does not apply to your Content or Results.
8.7. Except for your Content and Results, all rights not expressly granted under these Terms are reserved exclusively by Cleanvoice and its licensors.
8.8. Nothing in these Terms shall prevent Cleanvoice from developing, improving, modifying or enhancing the Services, underlying technologies, artificial intelligence models, algorithms, workflows, methodologies or other components, provided that Content is processed only in accordance with these Terms, the Privacy Policy and, where applicable, the Data Processing Agreement.
8.9. Except for the limited rights expressly granted under these Terms, no right, title, license or interest is granted to you, whether by implication or otherwise. All rights not expressly granted are reserved by Cleanvoice and its licensors.
8.10. Any use of the Cleanvoice name, logo, trademarks or other brand assets requires Cleanvoice’s prior written consent, except where expressly permitted by applicable law.
9. ACCEPTABLE USE
9.1. You shall use the Services only in accordance with these Terms, all applicable laws and regulations, and any documentation or instructions made available by Cleanvoice.
9.2. You shall promptly cooperate with Cleanvoice in investigating any suspected violation of these Terms or any activity that may adversely affect the Services, including by providing information reasonably requested by Cleanvoice.
9.3. You shall not, directly or indirectly, use, or permit any other person to use, the Services:
9.3.1. in any unlawful, fraudulent, misleading or deceptive manner;
9.3.2. in any manner that infringes or misappropriates the intellectual property rights, privacy rights, publicity rights or any other rights of any third party;
9.3.3. to upload, process or distribute any Content that is unlawful, defamatory, abusive, threatening, discriminatory, hateful, obscene, sexually explicit, or otherwise prohibited under applicable law;
9.3.4. to upload or transmit malware, viruses, ransomware or any other malicious code;
9.3.5. to interfere with, disrupt, compromise or attempt to compromise the integrity, availability or security of the Services or any systems connected to the Services;
9.3.6. to circumvent, disable, interfere with or otherwise defeat any technical limitations, security measures, authentication mechanisms, usage restrictions or Subscription limits implemented by Cleanvoice;
9.3.7. to gain unauthorized access to any Account, infrastructure, network, data, systems or environments belonging to Cleanvoice or any third party;
9.3.8. to use automated means, including bots, crawlers, scrapers or similar technologies, except where expressly authorized by Cleanvoice;
9.3.9. to probe, scan or test the vulnerability of the Services or any related infrastructure without Cleanvoice’s prior written authorization;
9.3.10. to use the Services for load testing, stress testing, benchmarking or similar performance testing without Cleanvoice’s prior written consent;
9.3.11. to attempt to discover, extract, reproduce, manipulate or interfere with any internal prompt, system prompt, instruction, safety mechanism, model configuration or other internal technical setting used by Cleanvoice;
9.3.12. to use the Services in a manner that could damage, disable, overload or otherwise impair the Services or negatively affect other users.
9.4. Without limiting the foregoing, you shall not:
9.4.1. access or use the Services for the purpose of developing, training, benchmarking, evaluating or improving any competing product or service;
9.4.2. use the Services or any Results to discover, extract, infer, replicate or reconstruct any artificial intelligence model, algorithm, workflow, prompt, system prompt, dataset or technical implementation used by Cleanvoice;
9.4.3. use the Services to create datasets intended for training artificial intelligence or machine learning models competing with the Services;
9.4.4. use the Services in any manner intended to circumvent applicable law, contractual restrictions or technological protection measures;
9.4.5. resell, sublicense, lease, rent, commercially exploit or otherwise make the Services available to third parties, except where expressly authorized by Cleanvoice.
9.5. You remain solely responsible for your use of the Services, your Content, your Results and all activities carried out through your Account.
9.6. Cleanvoice may investigate any actual or suspected violation of these Terms and may immediately suspend or terminate access to the Services, remove or disable Content, refuse processing requests, report unlawful conduct to competent authorities or take any other action that it reasonably considers necessary to protect the Services, its users or its legitimate interests.
9.7. If you believe that any Content or use of the Services infringes your intellectual property rights or is otherwise unlawful, you may notify Cleanvoice at contact@cleanvoice.ai with sufficient information to identify the relevant material and the rights or legal grounds concerned. Cleanvoice may review such notices and, where appropriate, remove or disable access to the relevant Content or take other measures permitted under these Terms or applicable law.
9.8. Cleanvoice’s failure to detect or act upon any violation shall not constitute a waiver of its rights under these Terms.
10. API USE
10.1. Where made available by Cleanvoice, certain Services may be accessed through one or more application programming interfaces (“APIs”). Your use of the APIs is subject to these Terms, any applicable Documentation and any technical requirements communicated by Cleanvoice.
10.2. API credentials, access tokens and API keys are confidential and must be kept secure at all times. You are solely responsible for all activities performed using your API credentials.
10.3. You shall implement appropriate technical and organizational measures to protect your API credentials against unauthorized access, disclosure or misuse.
10.4. You shall not:
10.4.1. share API credentials with unauthorized persons;
10.4.2. circumvent API authentication or security mechanisms;
10.4.3. exceed any applicable rate limits or usage restrictions;
10.4.4. interfere with the operation or availability of the APIs;
10.4.5. use the APIs in a manner inconsistent with these Terms or the Documentation.
10.5. If you develop, operate or make available an application, platform or service that integrates with the APIs, you remain solely responsible for:
10.5.1. such application or service;
10.5.2. all Content submitted through it;
10.5.3. obtaining all necessary rights, permissions and legal bases from your end users;
10.5.4. complying with all applicable laws; and
10.5.5. providing any notices, terms or privacy information required under applicable law.
10.6. Cleanvoice may modify, update, replace, suspend or discontinue any API, endpoint, method, parameter, authentication mechanism or technical specification at any time. Where reasonably practicable, Cleanvoice will use commercially reasonable efforts to provide prior notice of material changes.
10.7. Cleanvoice may impose or modify usage limits, rate limits, quotas or other technical restrictions at any time where reasonably necessary to protect the security, integrity, availability or performance of the Services.
10.8. Cleanvoice may suspend or revoke API access immediately if it reasonably believes that the APIs are being used in breach of these Terms, applicable law or in a manner that may adversely affect the Services, other users or third parties.
10.9. Cleanvoice does not guarantee backward compatibility of any API, endpoint, parameter, response format or technical specification and may modify or discontinue any of them at any time.
10.10. You are solely responsible for the security, operation, maintenance and compliance of any application, software or system developed or operated by you using the APIs.
10.11. Cleanvoice has no obligation to provide implementation, development or debugging support for applications developed using the APIs unless expressly agreed in writing.
11. DATA RETENTION AND DELETION
11.1. The Services are designed to process Content and are not intended to serve as a file storage, backup or archiving solution. You are solely responsible for maintaining independent copies of your Content and Results.
11.2. Unless otherwise provided in these Terms or required by applicable law, uploaded Content and Results will be automatically and permanently deleted from Cleanvoice’s systems no later than seven (7) days after:
11.2.1. the processing of the relevant Content has been completed;
11.2.2. the processing attempt has failed; or
11.2.3. the Content was uploaded but never processed.
11.3. You may delete your Content and Results at any time through the Services, where such functionality is made available. Once deleted, such deletion is irreversible and the relevant Content and Results cannot be recovered.
11.4. Cleanvoice may retain Content beyond the retention period specified in Section 11.2 solely where this is strictly necessary to:
11.4.1. investigate or resolve a technical issue reported by you, including by re-processing the relevant Content where needed to verify that the issue has been resolved
11.4.2. investigate or resolve a failed processing operation;
11.4.3. comply with a legal obligation or a binding request from a competent authority; or
11.4.4. exercise or defend legal claims.
11.5. Any retention under Section 11.4 shall be limited to the period reasonably necessary for the relevant purpose. Once that purpose no longer exists, the relevant Content shall be permanently deleted.
11.6. Cleanvoice may delete orphaned, corrupted, incomplete, failed, abandoned or technically unusable files at any time where reasonably necessary for the operation, integrity, security or performance of the Services.
11.7. Cleanvoice does not use any Content retained pursuant to Section 11.4 or deleted pursuant to Section 11.6 for training artificial intelligence models or for any purpose unrelated to the provision of the Services.
11.8. Following the deletion of Content and Results, Cleanvoice may retain certain account and operational metadata, including information relating to processing activities, billing, technical logs and usage statistics, to the extent necessary for:
11.8.1. providing and administering the Services;
11.8.2. billing and accounting purposes;
11.8.3. fraud detection and prevention;
11.8.4. ensuring the security and integrity of the Services;
11.8.5. complying with applicable legal obligations; and
11.8.6. establishing, exercising or defending legal claims.
11.9. The retention of metadata under Section 11.8 shall not include the retention of the User’s audio or video files or other Content, except as expressly permitted under Section 11.4.
11.10. Cleanvoice reserves the right to permanently delete any Content or Results in accordance with this Section without any further notice. You acknowledge that failure to download or otherwise retain your Content or Results before their deletion shall be at your sole risk.
11.11. Where Cleanvoice makes guest uploads available, Content and Results uploaded without creating an Account may be subject to different retention periods than those applicable to registered Users. Unless otherwise communicated through the Services, such Content and Results will be automatically deleted no later than four (4) hours after upload. If an Account is created before the expiry of that period and the guest upload is linked to that Account, the retention rules set out in this Section shall apply instead. Cleanvoice may retain limited operational metadata relating to guest uploads in accordance with Section 11.8..
12. AVAILABILITY, MAINTENANCE AND BETA FEATURES
12.1. Cleanvoice will use commercially reasonable efforts to make the Services available and operational. However, the Services are provided on an “as available” and “as is” basis, and Cleanvoice does not warrant or guarantee that the Services will be uninterrupted, continuously available, error-free or free from delays, interruptions or defects.
12.2. From time to time, Cleanvoice may perform scheduled or emergency maintenance, updates, upgrades, repairs, migrations, security patches or other technical operations that may temporarily affect the availability, functionality or performance of the Services. Where reasonably practicable, Cleanvoice will use commercially reasonable efforts to provide prior notice of scheduled maintenance.
12.3. Cleanvoice may temporarily suspend, restrict, limit or degrade all or part of the Services where reasonably necessary to:
12.3.1. perform maintenance or technical operations;
12.3.2. protect the security, integrity, availability or performance of the Services;
12.3.3. investigate or mitigate actual or suspected security incidents, fraud or abuse;
12.3.4. comply with applicable law or requests from competent authorities; or
12.3.5. address technical, operational or commercial requirements relating to the operation of the Services.
12.4. Temporary interruptions, maintenance windows, emergency measures or other actions taken by Cleanvoice in accordance with this Section shall not, by themselves, constitute a breach of these Terms or entitle you to any refund, compensation or damages, except where expressly required by applicable law or agreed under an applicable Service Level Agreement.
12.5. Cleanvoice may implement updates, upgrades, bug fixes, security patches or other technical changes automatically, without prior notice where reasonably necessary. Such changes may modify the appearance, functionality, performance or technical operation of the Services and shall not, by themselves, constitute a defect or failure of the Services.
12.6. Cleanvoice does not guarantee that updates, upgrades or other modifications to the Services will remain compatible with your software, hardware, internal systems, workflows, applications or integrations. You are solely responsible for maintaining the compatibility of your own technical environment.
12.7. Certain features or functionalities may be designated as Beta Features. Beta Features are provided for testing, evaluation or early access purposes only and may contain errors, defects or other limitations. Beta Features may be modified, suspended or discontinued at any time, with or without prior notice, and are provided without any service level commitment, warranty or guarantee of continued availability.
12.8. Unless expressly agreed otherwise in writing, Cleanvoice does not undertake to maintain any particular Beta Feature, feature, functionality, artificial intelligence model, integration, API, technical capability or version of the Services for any specific period of time.
12.9. Unless expressly agreed otherwise in writing through a separate Service Level Agreement, Cleanvoice does not provide any uptime commitment, service level guarantee, response time commitment, service credit or similar operational commitment.
12.10. Where reasonably necessary to respond to security vulnerabilities, cyber threats, fraud, abuse or operational risks, Cleanvoice may immediately implement technical, operational or security measures without prior notice, including restricting access to the Services, disabling specific functionalities, modifying authentication requirements, implementing rate limits or deploying emergency updates.
12.11. Cleanvoice shall not be liable for any interruption, delay, degradation, restriction or unavailability of the Services resulting from:
12.11.1. scheduled or emergency maintenance;
12.11.2. updates, upgrades, migrations or technical changes;
12.11.3. Force Majeure events;
12.11.4. failures, interruptions or limitations affecting Third-Party Providers;
12.11.5. internet, telecommunications, hosting, cloud or other network failures;
12.11.6. cyberattacks, malicious activity or other security incidents;
12.11.7. your software, hardware, systems, internet connection or technical environment; or
12.11.8. your use of the Services in breach of these Terms.
12.12. Cleanvoice may implement and modify technical safeguards, including processing limits, rate limits, traffic management measures, authentication requirements, security controls, abuse prevention mechanisms and other operational measures reasonably necessary to ensure the security, stability, integrity, availability and proper operation of the Services.
12.13. In the event of any inconsistency between this Section and a separately executed / applicable Service Level Agreement, the Service Level Agreement shall prevail solely with respect to the specific service levels, remedies and operational commitments expressly governed therein.
13. THIRD-PARTY PROVIDERS
13.1. In providing the Services, Cleanvoice may engage, integrate with or otherwise rely upon Third-Party Providers. Third-Party Providers may provide, among other things, cloud infrastructure, hosting services, artificial intelligence models, payment processing, authentication, analytics, communications, storage or other technology services necessary for the operation of the Services.
13.2. Cleanvoice may, at any time, engage, replace, remove, modify or discontinue any Third-Party Provider where reasonably necessary for technical, operational, commercial, legal or security reasons. Unless otherwise expressly agreed in writing, Cleanvoice does not undertake to use or maintain any particular Third-Party Provider, technology, infrastructure or artificial intelligence model.
13.3. Certain functionalities of the Services may depend on the availability, performance, technical limitations or commercial decisions of Third-Party Providers. Accordingly, certain features, integrations or functionalities may become unavailable, be modified or be discontinued from time to time without this constituting a breach of these Terms.
13.4. Where the Services incorporate or rely upon services provided by Third-Party Providers, such Third-Party Providers may impose their own technical limitations, rate limits, service interruptions, maintenance windows, eligibility requirements or other operational restrictions, which may affect the Services.
13.5. Cleanvoice shall not be responsible for any interruption, delay, degradation, unavailability or limitation of the Services to the extent resulting from:
13.5.1. the acts or omissions of a Third-Party Provider;
13.5.2. failures or interruptions affecting a Third-Party Provider;
13.5.3. changes to a Third-Party Provider’s services, APIs, artificial intelligence models, technical specifications or commercial terms;
13.5.4. the suspension, restriction or termination of services by a Third-Party Provider; or
13.5.5. the discontinuation or withdrawal of any Third-Party Provider’s products or services.
13.6. Cleanvoice does not warrant that any specific Third-Party Provider, artificial intelligence model, model version, API, infrastructure provider or technical integration will remain available for any particular period of time.
13.7. To the extent the Services enable you to access or interact with any product or service provided by a Third-Party Provider, your use of such product or service may also be subject to the applicable terms, conditions and privacy policies of that Third-Party Provider. Cleanvoice is not responsible for your compliance with such third-party terms.
13.8. References within the Services to any Third-Party Provider, including through integrations, links, names, trademarks or logos, are provided solely for identification or interoperability purposes and shall not be construed as an endorsement, sponsorship or recommendation by Cleanvoice.
13.9. Nothing in these Terms creates any contractual relationship between you and any Third-Party Provider. Any rights or remedies relating to the products or services of a Third-Party Provider shall be governed exclusively by the terms and conditions of the relevant Third-Party Provider.
13.10. Cleanvoice may update the Third-Party Providers used in connection with the Services from time to time without prior notice. Where required by applicable law or the Data Processing Agreement, Cleanvoice will provide notice of changes relating to subprocessors in accordance with the applicable contractual arrangements.
14. SUSPENSION AND TERMINATION
14.1. Cleanvoice may suspend or restrict your access to all or part of the Services, by written notice, in the following cases:
14.1.1. you have breached these Terms;
14.1.2. you have failed to pay any amounts due;
14.1.3. your Account has been compromised or is being used fraudulently or abusively;
14.1.4. your use of the Services creates a legal, security, operational or reputational risk for Cleanvoice, its Users or any third party;
14.1.5. suspension is necessary to protect the security, integrity, availability or performance of the Services; or
14.1.6. Cleanvoice is required to do so by applicable law or by a competent authority.
14.2. You may stop using the Services and close your Account at any time. Closing your Account does not release you from any payment obligations accrued before closure.
14.3. Cleanvoice may terminate these Terms and discontinue your access to the Services for convenience at any time by providing at least thirty (30) days’ prior written notice.
14.4. If Cleanvoice terminates these Terms under Section 14.4, you will remain entitled to access the Services until the effective date of termination, subject to these Terms. Where you have prepaid Fees covering a period after the effective date of termination, Cleanvoice will refund the pro-rata portion of such prepaid Fees relating to the unused period, unless termination results from your breach of these Terms or applicable law.
14.5. Cleanvoice may terminate these Terms and your access to the Services with immediate effect, by written notice, if:
14.5.1. your use of the Services is unlawful;
14.5.2. your use of the Services infringes the rights of any third party;
14.5.3. your continued use of the Services creates a legal, security, operational or reputational risk for Cleanvoice, its Users or any third party;
14.5.4. your Account is used fraudulently or for abusive purposes;
14.5.5. Cleanvoice is required to do so by applicable law or by a competent authority; or
14.5.6. the breach is incapable of remedy.
14.6. In all other cases, Cleanvoice may terminate these Terms by written notice if you fail to remedy the relevant breach within ten (10) days after receiving notice from Cleanvoice requiring you to do so.
14.7. Upon suspension or termination, Cleanvoice may disable your Account, revoke API credentials, refuse further processing requests and restrict access to the Services.
14.8. Upon termination, your right to access and use the Services ceases. Your Content and Results will be retained and deleted in accordance with Section 11 (Data Retention and Deletion).
14.9. Unless required by applicable law or expressly agreed in writing, Cleanvoice has no obligation to maintain, export or make available any Content or Results after the applicable retention period.
14.10. If your Account has been suspended or terminated for breach of these Terms, you may not create or attempt to create another Account without Cleanvoice’s prior written consent.
14.11. Any provisions that by their nature should survive termination shall continue to apply, including provisions relating to payment obligations, intellectual property, data retention, disclaimers, limitation of liability, indemnification, governing law, dispute resolution and accrued rights or obligations.
15. DISCLAIMER OF WARRANTIES
15.1. To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis, without any representation, warranty or guarantee of any kind, whether express, implied or statutory.
15.2. Without limiting the generality of Section 15.1, Cleanvoice expressly disclaims all implied warranties, including any warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, uninterrupted availability, compatibility, security, accuracy, completeness, reliability or error-free operation.
15.3. Cleanvoice does not warrant or guarantee that:
15.3.1. the Services will always be available, uninterrupted or error-free;
15.3.2. any defect, error or interruption will be corrected within any particular timeframe;
15.3.3. the Services will meet your individual requirements or expectations;
15.3.4. the Services will remain compatible with your software, hardware, systems or third-party integrations; or
15.3.5. the Services will be free from viruses, malicious code or other harmful components, although Cleanvoice uses commercially reasonable measures designed to protect the Services.
15.4. Any Documentation, technical guidance, recommendations, support, training materials or other information made available by Cleanvoice is provided for general informational purposes only and does not constitute any warranty, representation or professional advice.
15.5. No oral or written statement, communication or information provided by Cleanvoice, whether through customer support, marketing materials, demonstrations or otherwise, shall create any warranty unless expressly set out in these Terms or in a separate written agreement signed by Cleanvoice.
15.6. Nothing in these Terms excludes, limits or modifies any warranty or right that cannot lawfully be excluded or limited under applicable law.
16. LIMITATION OF LIABILITY
16.1. To the fullest extent permitted by applicable law, Cleanvoice shall be liable only for losses directly caused by its breach of these Terms and shall not be liable for any indirect, incidental, consequential, exemplary, punitive or special damages of any kind, whether arising in contract, tort (including negligence), strict liability or otherwise.
16.2. Without limiting Section 16.1, Cleanvoice shall not be liable for any loss of profits, loss of revenue, loss of business opportunities, loss of contracts, loss of customers, loss of anticipated savings, loss of goodwill, loss of reputation, business interruption, downtime, loss of production, loss or corruption of data, loss of Content, loss of Results, or any other economic or commercial loss, whether direct or indirect.
16.3. Cleanvoice shall not be liable for any loss or damage arising from or relating to:
16.3.1. your Content or Results;
16.3.2. your reliance on any Results generated through the Services;
16.3.3. your failure to review, verify or validate the Results before using them;
16.3.4. your failure to maintain backup copies of your Content or Results;
16.3.5. any misuse of the Services;
16.3.6. the acts or omissions of any third party;
16.3.7. the availability, performance or conduct of any Third-Party Provider;
16.3.8. interruptions, failures or limitations of internet, cloud, telecommunications or hosting services;
16.3.9. force majeure events;
16.3.10. unauthorized access to your Account resulting from your failure to protect your credentials;
16.3.11. any modification, suspension or discontinuation of the Services in accordance with these Terms.
16.4. To the fullest extent permitted by applicable law, Cleanvoice’s aggregate liability arising out of or relating to these Terms or the Services, regardless of the legal basis of the claim, shall not exceed the total Fees actually paid by you to Cleanvoice during the three (3) months immediately preceding the event giving rise to the relevant claim.
16.5. The limitation set out in Section 16.4 applies collectively to all claims, actions and causes of action arising out of the same or related events and shall not apply separately to each individual claim.
16.6. You acknowledge and agree that the Fees charged by Cleanvoice reflect the allocation of risk set out in these Terms and that Cleanvoice would not provide the Services on the same commercial terms without the limitations and exclusions of liability contained herein.
16.7. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, wilful misconduct or any other liability that cannot lawfully be limited or excluded.
16.8. Any claim arising out of or relating to the Services must be brought within one (1) year from the date on which the claiming party became aware, or should reasonably have become aware, of the event giving rise to the claim, unless a longer limitation period is mandatorily required under applicable law.
16.9. You shall take all reasonable measures to mitigate any loss or damage that you may suffer in connection with the Services. Cleanvoice shall not be liable for any loss to the extent that such loss could reasonably have been avoided through appropriate mitigation measures.
16.10. The limitations and exclusions of liability set out in these Terms apply to the fullest extent permitted by applicable law and regardless of the legal theory upon which any claim is based, including contract, tort (including negligence), statutory liability or otherwise.
16.11. Cleanvoice shall not be liable for any decision made, action taken or omitted, or any consequence arising from your or any third party’s reliance on any Results generated through the Services. You remain solely responsible for evaluating the accuracy, completeness and suitability of any Results before relying upon them.
16.12. To the fullest extent permitted by applicable law, the limitations and exclusions of liability set out in these Terms apply equally to Cleanvoice, its affiliates, licensors, subcontractors, Third-Party Providers, directors, officers, employees, contractors, representatives and agents.
16.13. Where the Services rely on or integrate with Third-Party Providers, Cleanvoice shall not be jointly or severally liable with any such Third-Party Provider for any act, omission, interruption, failure or other event attributable to that Third-Party Provider.
16.14. Except where expressly provided otherwise in these Terms or required by mandatory applicable law, the rights and remedies expressly set out in these Terms constitute your sole and exclusive remedies arising out of or relating to the Services.
16.15. You acknowledge and agree that the exclusions and limitations of liability contained in these Terms are reasonable, reflect a fair allocation of risk between the parties, and constitute an essential basis upon which Cleanvoice makes the Services available to you.
17. INDEMNIFICATION
17.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cleanvoice, its affiliates, licensors, subcontractors, directors, officers, employees, representatives and agents from and against any and all claims, actions, proceedings, investigations, liabilities, damages, judgments, settlements, fines, penalties, losses, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to:
17.1.1. your access to or use of the Services;
17.1.2. your Content or Results;
17.1.3. your breach of these Terms;
17.1.4. your breach of any applicable law or regulation;
17.1.5. your infringement or alleged infringement of any intellectual property right, privacy right, publicity right or other right of any third party;
17.1.6. any claim brought by a third party arising out of or relating to your Content, your Results or your use of the Services.
17.2. Cleanvoice shall notify you of any claim for which it seeks indemnification, provided that any delay or failure to provide such notice shall not relieve you of your indemnification obligations except to the extent that you are materially prejudiced by such delay.
17.3. Cleanvoice reserves the right, at its own expense, to participate in the defence of any such claim through counsel of its own choosing. You shall not settle any claim that imposes any obligation or admission of liability upon Cleanvoice without Cleanvoice’s prior written consent.
17.4. The indemnification obligations set out in this Section are in addition to, and not in limitation of, any other rights or remedies available to Cleanvoice under these Terms or applicable law.
18. CHANGES TO THE SERVICES AND THESE TERMS
18.1. Cleanvoice continuously develops and improves the Services. Accordingly, Cleanvoice may, at any time, add, modify, replace, suspend, discontinue or otherwise change any feature, functionality, capability, integration, artificial intelligence model, processing method, user interface, workflow, API, Documentation or other component of the Services.
18.2. Unless expressly agreed otherwise in writing, Cleanvoice does not undertake to maintain any particular feature, functionality, artificial intelligence model, integration or technical capability for any specific period of time.
18.3. Cleanvoice may introduce new features or functionalities that are subject to additional fees, technical requirements, usage limitations or separate terms.
18.4. Where reasonably practicable, Cleanvoice will provide prior notice of material changes that are likely to materially affect the way in which the Services are used. Cleanvoice shall determine whether a change is material.
18.5. Any modification made in accordance with this Section shall not constitute a breach of these Terms and shall not entitle you to any refund, compensation or damages, except where expressly required by applicable law or agreed otherwise in writing.
18.6. Cleanvoice may amend these Terms from time to time to reflect changes to the Services, applicable laws, regulatory requirements, business practices, security requirements or for any other legitimate business reason.
18.7. Where required by applicable law or where the changes are material, Cleanvoice will provide prior notice by publishing the updated Terms on the Services, by email, through your Account or by any other reasonable electronic means.
18.8. Unless otherwise stated in the relevant notice, the amended Terms shall become effective on the date specified therein.
18.9. By continuing to access or use the Services after the amended Terms become effective, you agree to be bound by the updated Terms.
18.10. If you do not agree to the amended Terms, you must stop using the Services and, where applicable, terminate your Account before the amended Terms become effective.
19. COMMUNICATIONS AND ELECTRONIC NOTICES
19.1. You agree that Cleanvoice may provide any notice, communication or other information relating to the Services or these Terms by email, through your Account, through the Services or by any other reasonable electronic means.
19.2. You are solely responsible for maintaining accurate and up-to-date contact information, including your email address and billing information.
19.3. Any notice sent by Cleanvoice shall be deemed received on the date it is sent to the most recent email address associated with your Account or made available through your Account or the Services, unless mandatory applicable law provides otherwise.
19.4. You are responsible for regularly monitoring your Account and the email address associated with your Account for notices relating to the Services.
19.5. Any notice required to be given to Cleanvoice under these Terms shall be sent to contact@cleanvoice.ai, unless Cleanvoice designates another contact method for a particular type of request.
19.6. Electronic communications between you and Cleanvoice satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1. These Terms, their subject matter and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of laws rules.
20.2. The parties shall use reasonable efforts to resolve amicably any dispute, controversy or claim arising out of or in connection with these Terms or the Services before commencing legal proceedings.
20.3. If the parties are unable to resolve the dispute amicably within thirty (30) days from the date on which one party notifies the other of the dispute in writing, the dispute shall be submitted to the competent courts of Bucharest, Romania, which shall have exclusive jurisdiction, except where mandatory applicable law provides otherwise.
21. MISCELLANEOUS
21.1. Entire Agreement. These Terms, together with any documents expressly incorporated by reference, including the Privacy Policy, Cookie Policy, Data Processing Agreement (where applicable), Service Level Agreement (where applicable) and any applicable Order Form, constitute the entire agreement between you and Cleanvoice regarding the Services and supersede all prior or contemporaneous agreements, negotiations, representations and understandings relating to their subject matter.
21.2. In the event of any inconsistency between the contractual documents governing the Services, the following order of precedence shall apply, unless expressly agreed otherwise in writing:
21.2.1. an executed Enterprise Agreement or Master Services Agreement;
21.2.2. the applicable Order Form;
21.2.3. the applicable Service Level Agreement;
21.2.4. the Data Processing Agreement;
21.2.5. these Terms.
21.3. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable or, where such modification is not possible, deemed severed. The remaining provisions shall remain in full force and effect.
21.4. No Waiver. No failure or delay by Cleanvoice to exercise any right or remedy shall constitute a waiver of that right or remedy.
21.5. Assignment. You may not assign, transfer, delegate or otherwise dispose of any of your rights or obligations under these Terms without Cleanvoice’s prior written consent.
21.6. Cleanvoice may assign, transfer, novate or otherwise transfer these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, sale of assets, financing transaction or by operation of law.
21.7. Force Majeure. Cleanvoice shall not be liable for any failure or delay in performing its obligations resulting from Force Majeure or any event beyond its reasonable control. For the purposes of these Terms, “Force Majeure” means any event beyond the reasonable control of the affected party, including natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labour disputes, failures of telecommunications or internet providers, widespread cyberattacks, governmental actions or any other event that could not reasonably have been prevented or avoided.
21.8. Independent Parties. Nothing in these Terms creates any partnership, joint venture, agency, employment, fiduciary relationship or similar relationship between the parties.
21.9. No Third-Party Beneficiaries. Except as expressly provided in these Terms, no person other than the parties shall acquire any rights under these Terms.
21.10. Interpretation. Headings are for convenience only and shall not affect the interpretation of these Terms. References to the singular include the plural and vice versa. References to “including” or similar expressions mean “including without limitation.”
21.11. Where these Terms provide that Cleanvoice may take any action or make any determination, Cleanvoice shall be entitled to do so in its sole discretion unless these Terms expressly provide otherwise.
21.12. Cumulative Remedies. All rights and remedies available under these Terms or applicable law are cumulative unless expressly stated otherwise.
21.13. No Implied Rights. Except as expressly provided in these Terms, no license, right or interest shall arise by implication, estoppel, exhaustion or otherwise.
21.14. Export Control and Sanctions. You represent and warrant that your access to and use of the Services complies with all applicable export control, sanctions and trade laws. You further represent that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive sanctions that would prohibit the provision of the Services.
21.15. Language. These Terms are concluded in the English language. Any translation is provided for convenience only. To the extent permitted by applicable law, the English version shall prevail in the event of any inconsistency.
21.16. Contact Information. Questions relating to these Terms or the Services may be directed to contact@cleanvoice.ai.