my-own-voice / Conditions d’utilisation

Conditions d’utilisation

 

1 – Your Acceptance of Terms

Welcome to the my-own-voice Website.

The following Terms of Service (“TOS”) are between you (“the user”) and Acapela Group and constitute a legal agreement that governs your use of the my-own-voice service (referred to as the “Service”). You must agree to these TOS before you can use the Service by clicking the ‘Yes I agree button’ the first time a user logs in. If you do not agree to any of the following terms, please do not try to use the Service. You should print or otherwise save a copy of these TOS for your records. ‘Acapela Group’ as used herein means Acapela Group SA, 33 Bld Dolez, 7000 Mons, Belgium.

Legal Authority

To use and/or register for the Service you must be: a) of legal age to form a binding contract with Acapela Group, and b) cannot be a person barred from receiving the Service under the laws of the country in which you reside or from where you use the Service. By accepting these TOS you agree and represent that you understand and agree to the foregoing and to what is stated below.

Changes to this Agreement

Acapela Group may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You understand and agree that your continued use of the Service after the TOS have been modified or changed constitutes your acceptance of the revised version of the TOS.
If you are under the legal age to enter into a contract with Acapela Group under the laws of the country in which you reside or from where you use the Service, you must obtain the agreement and consent of your parent or legal representative to accept these Terms of Service (« TOS »). By using our service, you represent and warrant that you have obtained such agreement or consent from your parent or legal representative. If you do not have such agreement, you must immediately stop using our service. We reserve the right to request proof of such agreement at any time, and we may terminate your access to our service if we determine that you have not obtained the necessary agreement from your parent or legal representative or who provide false or misleading information about their age.

 

2 – Personal Data – GDPR (General Data Protection Regulation)

ACAPELA GROUP has adopted a strict confidentiality policy due to the fact that we respect and take your private information seriously. This confidentiality policy, which relates to ACAPELA GROUP’s Internet sites, as well as companies connected with ACAPELA GROUP, explains how we process the information provided by prospects, clients and partners. This confidentiality policy complies with the new GDPR European legislation on the processing and protection of personal data and applies to all personal data obtained by ACAPELA GROUP’s sites or by all other ACAPELA GROUP sources. Please note that ACAPELA GROUP is not responsible for the confidentiality policies of other sites and sources. ACAPELA GROUP respects the private information of its site users and ensures that the personal information that is provided is handled in a confidential manner.

Use of the information collected

Your personal data will be processed by ACAPELA GROUP for the following purposes:

Use of our services

We will ask you to provide personal information when you subscribe to one of our services. We may ask you for the following personal data (non-exhaustive list): first name, last name, telephone number, address, spoken language and email address. The data is used in order to offer you the best service , support (directly or indirectly through a partner) and is stored on secure ACAPELA GROUP servers or the servers of a third party. This data will never be combined with other personal data about you whatever the source.

Communication

When you send us an email or messages via other means, we are authorized to keep store the messages in our database. Occasionally, we will ask you for personal details that are relevant to a specific situation or topic. In order to process your questions and respond to your demands, we may need to ask you for information from the following list (non-exhaustive list): first name, last name, telephone number, address, spoken language and email address. The data will be stored on a secure ACAPELA GROUP server or on a third-party server. This data will never be combined with other personal data about you whatever the source.

Cookies

We use cookies on our Acapela site. Cookies are small text files. When you visit a website, the website sends cookies to your computer, and your computer stores them in a file in your web browser. Cookies are filled with information, and there are countless different types of cookies. The website navigation requests you to accept the cookies with the minimum ones required, but you can change your consent at any time. However, the correct functioning of certain functionalities and certain services on our site cannot be executed if the mandatory cookies are disabled in your web browser.

Objectives

In order to use our services and communications, we do not collect and do not use information for purposes other than those described in the current Confidentiality Policy, unless we have obtained your permission in advance.

Disclosure to third parties

Information you provide, will only be transmitted to third parties if deemed necessary for specific cases, as outlined in the following examples. Acapela’s employees are required to respect your personal information that is shared internally. ACAPELA GROUP will never pass on personal data to other parties with whom we have not concluded a processing agreement. If the case presents itself, the necessary provisions will be made with these parties in order to ensure the security of your personal data. In addition, ACAPELA GROUP will not transfer information that you provide to any third parties, unless legally required and authorized. We may also share personal data with third parties if you give us written permission. You have the right to withdraw this consent at any time.

Protection of information

ACAPELA GROUP will not keep personal data for any longer than necessary for the purpose for which they were provided or requested by Law. Personal data will be deleted from our database after a maximum of 5 years of inactivity. You have the right to refer to, correct or delete your personal data. You will find our contact details at the bottom of this statement. In order to confirm your identity, we will ask you to send a copy of your ID card. We strongly advise you to conceal your passport or ID card photo and that you render your national registration number invisible and mention that you provided a copy and not the original. You may oppose the processing of your personal data (or any part of it) by ACAPELA GROUP or by our sub-contractors and request that this data be forwarded to you, whether directly or to one of the third parties you selected. In order to respond to these types of requests, we will ask you to identify yourself. ACAPELA GROUP endeavors to do its best to protect your personal data by applying technical and organizational measures, of which some examples are given here: All persons under the name of ACAPELA GROUP who have access to your data are required to follow our confidentiality policy rules. We apply a user name and password policy on all of our systems. Personal data is safeguarded in order to recover physical or technical incidents. Our employees are informed of the importance of the protection of personal data.

Rights to make corrections and deletions

As provided by legislation on private data protection, you have the option to modify/delete your data without any charges. Simply get in touch with us at ACAPELA GROUP Boulevard Dolez 33 – B7000 MONS gdpr@acapela-group.com To confirm your identity, we will request that you send us a copy of your ID card or passport. Please conceal the photo ID and the registration number on the ID card or passport. Please also indicate that you are providing a copy and not the original. It will also be possible to change your contact details or to unsubscribe from the newsletter at the bottom of each email.

Questions and comments

We regularly check to ensure that we are respecting the Confidentiality Policy. If you have any questions on this subject, please contact us at: ACAPELA GROUP Boulevard Dolez 33 – B7000 MONS gdpr@acapela-group.com If you have a complaint about the processing of your personal data, we request that you contact us directly. You also have the right to make a complaint to the Commission concerning the protection of your private data, an independent control organization which ensures that personal data is currently secured and will remain so in the future. https://www.privacycommission.be/fr

Adjustments to the Confidentiality Policy

ACAPELA GROUP reserves the right to amend this confidentiality policy. We will publish any changes on this web page.

 

3 – Share Your Legacy Feature

“Our « Share Your Legacy » function allows you to share access to your recordings with specific individuals, such as family members or friends, starting from the date of implementation onward. We prioritize your privacy and data protection and take the following measures to comply with the General Data Protection Regulation (GDPR):

  • Informed Consent: Before using the « Share Your Legacy » function, you must provide clear, specific, and informed consent for the individuals you wish to share your recordings with.
  • Granular Control: You can specify which recordings you want to share and with whom. You have control over the level of access granted to each individual.
  • Data Security: We use encryption and other security measures to protect your recordings and ensure that only authorized individuals can access them.
  • Right to Withdraw Consent: You can revoke access to your recordings at any time by adjusting your sharing preferences in your account settings.
  • Data Minimization and Retention: We collect and retain only the data necessary for the operation of this feature. Recordings and related data will be retained according to our data retention policy.
  • Third-Party Access: If your recordings are processed or shared with third parties, such as service providers, we will ensure they comply with GDPR through appropriate data processing agreements.
  • Your Rights: You have the right to access, rectify, or delete your data as per GDPR. For any queries or requests regarding your data, please contact us at gdpr@acapela-group.com

By using the « Share Your Legacy » function, you acknowledge and agree to these terms and the related data privacy measures.”

 

4 – Description of the Service

My-own-voice

Acapela Group developed a service called my-own-voice™ designed to produce a text-to-speech voice (hereafter “the voice”), also called “synthetic voice”, from voice recordings performed by the user.

The voice is creating by using Acapela’s proprietary technologies.

WARNING –

“THE VOICE” CAN ONLY BE USED FOR PRIVATE USAGE AND THE LIMITATIONS SET OUT BY ACAPELA GROUP FOR THE USAGE THAT IS FULLY DESCRIBED IN ANNEX B

THE MONETIZATION OF THE VOICE DIRECTLY OR INDIRECTLY ON ANY MEDIA IS STRICTLY PROHIBITED.

“The voice”

The voice is recorded using a dedicated web site hosted by Acapela Group and an online application available on the website (Acapela Recoder). The quality is dependent on the material used and the surrounding environment in which the recording sessions were conducted.

The requirements and conditions for the recording sessions are described in the FAQ section of our website. The recording sessions are not conducted by Acapela Group and therefore, Acapela Group cannot provide any guarantees about the quality of the “voice” delivered by my-own-voice™.

The Licensed Software

“The voice” is delivered with a Licensed Software associated and hereinafter referred to as the “Licensed Software”. The Licensed Software terms are described in detail in Annex A. The Licensed Software can only be used to synthesize “The voice” of the User.

Therefore, the User will use the Licensed Software in accordance with the specific terms set forth below in in Annex B, General Terms and Conditions, attached hereto.

Time, Place and Mode of Delivery

Once the User has recorded the script, Acapela Group can launch the generation of the voice online. The generation of the synthetic voice, based on the full script recorded, may take up to 48 hours (working days).

The delivery of the final voice, after receipt of the formal approval by the User, will be made via an ftp link sent by email, sent to the User or to a third party designated by the User (partner, client).

Price/Price Calculation Model

Section 1 The price for the Voice and the Licensed Software –

The total price (the “Price”) for the “Voice” and/or “Licenses” is detailed in the pricing section on the my-own-voice website.

This price list is based on standard usage of our technologies. Specific usage or specific applications might require adjustments of our standard pricing conditions. The price list is not a contract between the User and Acapela Group. This price list is provided for information purposes only, without warranties of any kind, either expressed or implied.

Acapela Group reserves the right in its own discretion to decline to license particular applications and are not obligated to not apply this price list. Acapela Group reserves the right to propose other business models adapted to specific usages, applications or markets (i.e. audio file distribution etc…).

Other possible business models are available under certain conditions. Please contact us for more information.

 

Section 2 Payment-

The purchase and payment will be covered by the user after receipt of the invoice issued by Acapela Group. The invoice will be released after the formal approval of the Voice and the delivery are completed. All information for the payment (wire transfer only) will be provided on the invoice. The Payment can be made on a one-time or on a yearly subscription basis.

 

Section 3 Date of Payment –

Payments of the invoiced amounts are due at the reception of a purchase order or act of delivery sent by the third party in charge of funding the acquisition of the MOV voice.

 

Section 4 Delay in Payment –

Invoices must be paid within 30 days following the invoice date. In case of payment delay, we will send you a first reminder free of charge. If payment is not made within the specified payment period in the first reminder, you will be liable for late payment interest, in accordance with the law of August 2, 2002, related to combating late payment in commercial transactions, and a fixed indemnity calculated as follows.

  • 20 EUR if the outstanding balance is less than or equal to 150 EUR;
  • 30 EUR, increased by 10% of the amount due on the range between 150.01 EUR and 500 EUR, if the outstanding balance is between 150.01 EUR and 500 EUR;
  • 65 EUR, increased by 5% of the amount due on the portion exceeding 500 EUR, with a maximum of 2,000 EUR, if the outstanding balance is above 500 EUR.

The reminder costs for each subsequent reminder amount to 7.50 EUR, increased by postage costs applicable at the time of sending.

 

End User Licence Agreements

By reading the terms of the service (ToS), The User accepts the General Terms and Conditions sets forth in Annex B, attached hereto as Annex B “End User Licence Agreement”. These General Terms and Conditions include the additional terms and conditions regulating the transaction between the parties.

Copyrighting on “The Voice”

The User is the sole proprietary, for an indefinite term, of “the voice” recorded. The Voice and/or any synthetic text attained with the licensed software cannot be sold or transferred to a third party for any reason whatsoever.

The User is not permitted to organize the production of sound files for resale or for free distribution of such data, including via a download site on the web.

Acapela Group has the right to communicate and showcase the samples of the voice created among other voices from the Acapela Group portfolio. As such Acapela Group will be authorized to perform listening tests on voice samples from the production files, but are not authorized to send any voice samples without the written consent of its owner.

Copyrighting on “The Data” (recordings)

By approving this TOS, you accept that the recordings (The Data) of your voice may be used to improve Acapela Group’s Text to Speech models.

You also expressly renounce any compensation for the use of your recordings for this purpose by Acapela.

Term and Limited Warranty

The term of the agreement between the parties is valid for a period of 70 (seventy) years and effective from the date of signature of the present agreement.

WARNING: Reproducing a human voice is a complex process. State of the Art does not permit the reproduction of a perfectly natural sounding voice. Perception of voice quality is totally subjective and does not affect Acapela Group’s warranty

Acapela Group warrants, solely for the benefit of The User that for a period of six (6) months from the date of delivery to the party: (i) the Licensed Software, if operated as directed, will substantially achieve the functionality described in the Specifications, and (ii) that the media containing the Licensed Software is free in material respects from defects in material and workmanship; provided, however, that the foregoing warranty is expressly contingent (and shall be otherwise void) upon: (1) the use of the Licensed Software strictly in accordance with the instructions and the Specifications therefore; (2) the absence of misuse or damage thereto; and (3) the absence of any alteration or modification thereto. Acapela Group makes no representation or warranty that the information or functions contained in the Licensed Software will meet The User’s requirements or that the use or operation of the Licensed Software will be uninterrupted, error free or secure, or that any Licensed Software defects are correctable or will be corrected.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACAPELA GROUP AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, WITH REGARD TO THE LICENSED SOFTWARE, THE PRODUCTS, AND ANY USER DOCUMENTATION.

 

Acapela Group’s entire liability and The User’s exclusive remedy for any breach of the limited warranty set forth in this Section shall be, in Acapela Group’s sole discretion: (i) to exercise reasonable efforts to replace in a timely manner, defective media provided by Acapela Group to The User; or (ii) to advise The User, within a reasonable period of time after notice is received from The User of the defect, how to achieve substantially the same functionality with the Licensed Software as described in the Specifications through a procedure different from that set forth in the Specifications. Repaired, corrected or replaced Licensed Software and Specifications shall be covered by this limited warranty for the period remaining under the warranty that covered the original Licensed Software, or if longer, for thirty (30) days after the date Acapela Group either shipped to The User the repaired or replaced Licensed Software or Acapela Group advised The User as to how to operate the Licensed Software so as to achieve the functionality described in the Specifications, whichever is applicable.

 

Acapela Group shall not, under any circumstances, be liable to The User for consequential, incidental, special or exemplary damages arising out of or related to the transactions contemplated hereunder, even if Acapela Group is informed of the likelihood of such damages occurring. In no event will Acapela Group’s liability exceed the total of all amounts paid to Acapela Group.

It is expressly agreed by the User, that no claim or action may be brought against Acapela Group after the expiry of a twelve month period after the date upon which the cause of action arose.

Governing law and disputes

The agreement between the parties shall be governed and construed in accordance with the laws of BELGIUM. Any dispute, controversy or claim arising out of or in connection with the agreement will be subject to the jurisdiction of the courts of BELGIUM.

General provisions

Severability. If any provision hereof including the Annex A and B is held to be invalid, illegal, or unenforceable, the remaining provisions hereof shall be unaffected thereby and remain valid and enforceable as if such provision had not been set forth herein. The parties agree to substitute for such provision a valid provision that most closely approximates the intent and economic effect of such severed provision.

Independent Companies. The relationship of Acapela Group and The User hereby established is that of independent companies, and nothing contained herein will be construed to constitute the parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking, or to allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.

Force Majeure. Neither party shall be liable to the other for a failure to perform any of its obligations hereunder, except for payment obligations, during any period in which such performance is delayed due to circumstances beyond its reasonable control, provided such party notifies the other of the delay.

Waiver of Breach. No waiver of any kind hereunder will be deemed effective unless set forth in writing and signed by the party charged with such waiver, and no waiver of any right arising from any breach or failure to perform will be deemed to be a waiver or authorization of any other breach or failure to perform or of any other right arising hereunder.

Successors and Assigns. The rights and obligations of each party hereunder may not be transferred or assigned directly or indirectly without the prior written consent of the other party, except that Acapela Group may assign the agreement to a parent, subsidiary, or any entity that acquires substantially all of its stock, assets or business. Except as otherwise expressly provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the parties hereto.

You understand and acknowledge that the Service is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing you with possibilities to evaluate and demonstrate the Service and Acapela Group with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Acapela Group strongly encourages you to backup all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.

Changing the Service

Acapela Group reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Acapela Group may provide notice of any such changes to the Service by posting them on its websites and/or via the Service. You agree that Acapela Group shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that Acapela Group has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future.

Feedback

As part of using the Service, Acapela Group will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that in the absence of a separate written agreement to the contrary, Acapela Group will be free to use any feedback you provide for any purpose whatsoever.

Support

You may contact the my-own-voice support via email (mov-support@acapela-group.com) or via the Contact Us form. Support via email or Contact Us is provided during office hours 9AM-5PM CET. We do our best efforts to guarantee that each support request is followed-up within 5 work days.

5 – Content and Your Conduct

Content

‘Content’ means any information that may be generated or encountered through use of the Service, such as written text, sounds, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Acapela Group, are solely responsible for any Content you upload, download, post, e-mail, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Acapela Group does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

Your Conduct

You agree that you will NOT use the Service to:

  1. upload, download, post, e-mail, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  2. stalk, harass, threaten or harm another;
  3. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another my-own-voice subscriber, an Acapela Group employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity. (Acapela Group reserves the right to reject or block any Subscriber ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
  4. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
  5. post, send, transmit or otherwise make available any unsolicited or unauthorized e-mail messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
  6. forge any TCP-IP packet header or any part of the header information in an e-mail or a posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);
  7. upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
  8. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
  9. plan or engage in any illegal activity; and/or
  10. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

 

Removal of Content

You acknowledge that Acapela Group is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Acapela Group reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found, in Acapela Group’s sole discretion and judgement to be in violation of these TOS or is otherwise objectionable.

Backup Your Content

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Acapela Group does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

Access to Your Account and Content

You acknowledge and agree that Acapela Group may access, use, preserve and/or disclose your account information and Content if legally required to do so or if Acapela Group has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Acapela Group, its users or the public as required or permitted by law.

If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Acapela Group at info@acapela-group.com. Acapela Group may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.

 

6 – Content Submitted or Made Available by You on the Service

License from You

Except for material we may license to you, Acapela Group does not claim ownership of the materials and/or Content you submit or make available on the Service.

Changes to Content

You understand that in order to provide the Service and make your Content available thereon, Acapela Group may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Acapela Group to take any such actions.

7 – Trademark Information

Acapela Group, the Acapela Group logo, Acapela my-own-voice Website, the my-own-voice logo and other Acapela Group trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Acapela Group. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

8 – Software

Acapela Group’s Proprietary Rights

You acknowledge and agree that Acapela Group and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

License From Acapela Group

Acapela Group grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Acapela Group as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.

Export

You agree to abide by Belgian and other countries’ applicable export control laws and not to transfer from Belgium or any other country by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this TOS.

 

9 – General

These TOS constitute the entire agreement between you and Acapela Group and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Acapela Group to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.

 

Annex A – my-own-voice ™ and software licensed agreement

Official Web site

Accessible at: https://mov.acapela-group.com/

Account

The User will request an account opening throughout the START NOW registration page. Usernames and passwords are personal, and may only be used by the appointed User. The User agrees not to appoint other persons as Users.

Script and format of the voice

The recordings will be made using the Acapela recorder logged to the website to record the language specific script(s). The full script can be recorded in approximatively 20 minutes[1].

The Voice produced by my-own-voice™ is delivered in a unique format based on Deep Neural Network (DNN)  technology.

Script and format of the voice

All the recommendations and requirements are detailed on the official web site.

Creation of the voice

The creation of the voice (whatever the format delivered) may take up to 48 hours (working hours).

Once the voice is created, the User will have access to a webpage where he can test it.

Delivery of the voice

Upon the approval of the Voice by the User and the purchase, Acapela Group will deliver it by email/https in the format required (Windows SAPI, Android, iOS format).

The User is the sole responsible to verify the compatibility of the my-own-voice (to be delivered) and the application (to be used). Some information (non-exhaustive list) are provided on the website.

For more information about compatibility, please contact us or read our Partners & Products page of the my-own-voice website.

For more information about delivery terms, please contact us.

Partners

The User will have the possibility to run the process with the affiliation of one of Acapela’s partners or clients and therefore, can have his voice delivered in an appropriate Acapela product, licensed by Acapela’s partners/clients.

For more information about partners, please contact us or read our Partners & Product page on the my-own-voice website.

Annex B – EULA

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and “Acapela Group” for the software product you are going to install and use. Including computer software and possibly, associated media, printed materials, “online” or electronic documentation and Internet-based services

Grant of License

You may use the programs and manuals on a single computer and copy the programs for back-up purposes to support the use of the programs on a single computer, provided all copyright and other proprietary notices are included on such copy and true and accurate records of such a copy are kept.

Restriction of use

WARNING –

“THE VOICE” CAN ONLY BE USED FOR A PRIVATE USAGE AND THE LIMITATIONS SET OUT BY ACAPELA GROUP FOR THE USAGE THAT IS FULLY DESCRIBED IN ANNEX B

THE MONETIZATION OF THE VOICE DIRECTLY OR INDIRECTLY ON ANY MEDIA IS STRICTLY PROHIBITED

The term “Use”, used above, shall not include the right to replicate, redistribute, broadcast or perform in public the sound files generated by the Acapela Text-to-speech technologies for commercial purposes. This specific type of use of Acapela TTS technology is subject to a separate licensing agreement.

Consequently, you may not use this software to generate audio files or prompts for any other purpose than for your personal use.

Consequently, you cannot use the software to generate audio-files or prompts of any kind that will be incorporated in another application ; you cannot resell or obtain any remuneration for the use of the prompts or the audio-files generated by the software. This limitation is also valid for any third party using the prompts directly or indirectly or the audio files that were generated using the software.

Third parties are not allowed to use the prompts or the audio-files generated.

THE USER MAY NOT DECOMPILE, DISASSEMBLE OR TRANSFER THE PROGRAMS OR MANUALS IN WHOLE OR IN PART, EXCEPT UPON ACAPELA GROUP’S PRIOR WRITTEN APPROVAL OTHERWISE YOUR LICENSE AND ANY EXPRESS WARRANTIES GRANTED HEREIN WILL AUTOMATICALLY TERMINATE.

IN ADDITION, YOUR LICENSE WILL AUTOMATICALLY TERMINATE IF YOU USE OR COPY THE PROGRAMS OR MANUALS, IN WHOLE OR IN PART, FOR ANY OTHER PURPOSES EXCEPT AS EXPRESSLY PROVIDED FOR WITH THIS LICENSE OR WITH ACAPELA GROUP ‘ S PRIOR WRITTEN APPROVAL.

Term

This license shall remain effective until terminated. You may terminate the use of this license at any time by returning it to Acapela Group or by destroying the programs and any copies that you have made; including the manuals. This license will also terminate upon conditions set forth elsewhere in this Agreement or should you fail to comply with any terms and conditions outlined in this Agreement.

Disk, Programs and Manuals

THE PROGRAMS AND THE MANUALS ARE PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO ASSUME ALL RISKS LINKED TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ACAPELA GROUP OR ANY OF ACAPELA GROUP’S REPRESENTATIVES OR ANY OF ACAPELA GROUP’S LICENSORS) AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR TO THE COMPUTER ON WHICH THE LICENSE IS RUNNING.

Acapela Group does not warrant that the functions contained in the program will meet your requirements or that the operation of the programs will be uninterrupted or error free.

LIMITATIONS OF REMEDIES

IN NO EVENT WILL ACAPELA GROUP, ACAPELA GROUP’S REPRESENTATIVES OR ACAPELA GROUP’S LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE LICENSE FEE PAID BY YOU INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS GOODWILL OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE DISK, THE PROGRAMS OR THE MANUALS, OR FOR ANY CLAIM BY ANY PARTY, EVEN IF ACAPELA GROUP, ACAPELA GROUP’S REPRESENTATIVES OR ACAPELA GROUP’S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

GENERAL

Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long a limited warranty lasts, so the above limitations or exclusions may not apply to you. You may not sell, rent, sublicense, assign or otherwise transfer this agreement or the programs or manuals in any form except upon Acapela Group’s prior written approval. Acapela Group or Acapela Group’s licensors retain the title to and ownership of the programs and manuals and all trade secrets therein at all times. If any part of this Agreement is held invalid or unenforceable, the other parts will remain valid.

ENTIRE AGREEMENT

This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Acapela relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING, IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY DEMONSTRATION, ADVERTISEMENT, PROPOSAL, PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US OR BETWEEN US AND THE ACAPELA GROUP REPRESENTATIVE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT

 

 

Last revised: 05th June 2024 (Version – V20240506_1)

© Copyright 2024 Acapela Group Inc. All rights reserved.

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[1] 20 minutes is an average. A normal User should be able to record somewhere between 120-180 sentences per hour. However, it all depends on the health of the User. For information, a professional speaker records 200-300 sentences per hour.