Terms of Service

Please read these terms carefully before using Aloudly

Effective Date: January 15, 2025

Important Notice

These Terms of Service contain important information about your rights and obligations, including:

  • Section 6: We reserve the right to terminate service at any time for any reason
  • Section 9: Limitation of liability and warranty disclaimers
  • Section 11: Binding arbitration and class action waiver

1. Acceptance of Terms

By accessing or using Aloudly (the "Service"), a product of Quantops, Inc. ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Quantops, Inc. Your continued use of the Service constitutes your acceptance of these Terms and any modifications we may make to them.

2. Description of Service

Aloudly is a subscription-based text-to-speech service that provides:

• System-wide text-to-speech capabilities across macOS applications

• Access to 24 premium AI voices from multiple providers (OpenAI, Google Cloud, Azure)

• AI-powered podcast generation with multiple format options

• Interactive voice Q&A functionality

• Audio library management and note-taking features

• Variable speed playback controls

• MP3 download capabilities

The Service is provided on a subscription basis with monthly character limits based on your chosen pricing tier. Features and specifications are subject to change at our discretion.

3. User Accounts and Registration

To use the Service, you must:

• Create an account by providing accurate, current, and complete information

• Maintain and promptly update your account information

• Maintain the security of your account credentials

• Accept responsibility for all activities that occur under your account

• Notify us immediately of any unauthorized access or security breach

You may not:

• Use another person's account without permission

• Share your account credentials with others

• Create multiple accounts to circumvent usage limits or restrictions

• Use automated means to create accounts or access the Service

You must be at least 18 years old to create an account. By creating an account, you represent and warrant that you meet this age requirement.

4. Subscription and Payment

4.1 Pricing Tiers

Basic Tier: $9/month

• 300,000 characters per month (approximately 30 articles)

• Access to all 24 premium AI voices

• All core features included

• After character limit is reached: automatic fallback to standard voices with unlimited usage

Premium Tier: $19/month

• 720,000 characters per month (approximately 72 articles)

• Access to all 24 premium AI voices

• All core features included

• Priority customer support

• Early access to new features

• After character limit is reached: automatic fallback to standard voices with unlimited usage

Enterprise Tier: Custom Pricing

• Custom character limits tailored to your needs

• All Premium features included

• Dedicated account manager

• Custom integrations and API access

• Team management capabilities

• Single sign-on (SSO) and advanced security options

• Custom billing arrangements

4.2 Billing and Payments

• Subscriptions are billed monthly in advance

• Payment is processed via Stripe using your chosen payment method

• All fees are non-refundable except as expressly stated in Section 4.4

• You authorize us to charge your payment method on a recurring basis

• If payment fails, we may suspend or terminate your access to premium features

• You are responsible for all taxes, fees, and charges imposed by governmental authorities

4.3 Free Trial

• New users receive a 14-day free trial with full access to Premium features

• No credit card is required to start the trial

• After the trial period, you will be prompted to select a paid subscription plan

• We reserve the right to modify or discontinue free trial offers at any time

4.4 Refund Policy

• Refunds are provided on a case-by-case basis at our sole discretion

• Requests must be made within 30 days of the charge

• Refunds may be issued for technical issues that prevent use of the Service

• Refunds will not be issued for unused portions of a subscription period

• To request a refund, contact support@aloudly.ai with your account details and reason for the request

4.5 Plan Changes

• You may upgrade your plan at any time; changes take effect immediately

• You may downgrade your plan at any time; changes take effect at the start of your next billing cycle

• No partial refunds are provided when downgrading

• We reserve the right to modify pricing with 30 days' notice to active subscribers

5. Usage Limits and Fair Use

5.1 Character Limits

• Your subscription includes a monthly character limit based on your pricing tier

• Character usage resets on the first day of each billing cycle

• When you exceed your limit, the Service automatically switches to standard voices

• Standard voices provide unlimited usage but with lower quality than premium voices

• Unused characters do not roll over to subsequent months

5.2 Fair Use Policy

You agree to use the Service in accordance with fair use principles. Prohibited activities include:

• Using the Service for commercial redistribution without an Enterprise license

• Automated or programmatic abuse designed to circumvent usage limits

• Excessive API requests or attempts to overload our infrastructure

• Sharing account access to avoid purchasing additional subscriptions

• Bulk processing of content for resale or commercial distribution

• Any use that degrades Service performance for other users

We reserve the right to monitor usage patterns and enforce fair use at our discretion. Violations may result in immediate suspension or termination.

6. Termination Rights

6.1 Termination by Company

Quantops, Inc. reserves the right to suspend or terminate your account and access to the Service at any time, for any reason or no reason, with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms of Service

• Violation of the Acceptable Use Policy (Section 7)

• Failure to pay subscription fees

• Fraudulent or illegal activity

• Excessive abuse or misuse of the Service

• Providing false or misleading information

• Any conduct we deem harmful to the Service, other users, or our business interests

Upon termination, your right to use the Service immediately ceases. We are not liable for any loss or damage resulting from termination of your account.

6.2 Termination by User

• You may cancel your subscription at any time through your account settings

• Cancellation takes effect at the end of your current billing cycle

• You will retain access to paid features until the end of the billing period

• No refunds are provided for early cancellation

• Upon cancellation, your data may be retained for up to 90 days before permanent deletion

7. Acceptable Use Policy

You agree not to use the Service to:

7.1 Illegal Content

• Process, transmit, or store any content that violates local, state, federal, or international law

• Facilitate illegal activities of any kind

• Violate intellectual property rights, including copyright, trademark, patent, or trade secret

7.2 Harmful Content

• Create, distribute, or promote content that is threatening, abusive, harassing, defamatory, or invasive of privacy

• Generate content depicting violence, self-harm, or harm to others

• Produce content containing hate speech, discrimination, or incitement of violence

• Create sexually explicit or pornographic content

7.3 Deceptive Practices

• Generate deepfakes or impersonate real individuals without clear disclosure

• Create misleading or fraudulent content

• Engage in phishing, spamming, or other deceptive practices

7.4 Technical Abuse

• Reverse engineer, decompile, or disassemble the Service

• Attempt to gain unauthorized access to our systems or networks

• Introduce malware, viruses, or other malicious code

• Circumvent usage limits, security measures, or access controls

• Use automated scripts or bots without explicit written permission

7.5 Commercial Abuse

• Resell, redistribute, or sublicense the Service without an Enterprise agreement

• Use the Service to compete with or create a similar service

Violations of this Acceptable Use Policy may result in immediate account suspension or termination without refund.

8. Intellectual Property Rights

8.1 Your Content

• You retain all ownership rights to content you input into the Service ("User Content")

• You grant us a limited, non-exclusive license to process your User Content solely to provide the Service

• This license terminates when you delete your content or close your account

• You are solely responsible for your User Content and must have all necessary rights to use it

• We do not claim ownership of your User Content

8.2 Our Intellectual Property

• The Service, including all software, designs, text, graphics, logos, and other materials, is owned by Quantops, Inc. or our licensors

• These materials are protected by copyright, trademark, patent, and other intellectual property laws

• "Aloudly" and associated logos are trademarks of Quantops, Inc.

• You may not use our trademarks without prior written permission

• You receive a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms

8.3 Generated Audio Content

• Audio files generated from your User Content belong to you

• However, audio generated using premium AI voices is subject to the terms of our third-party voice providers

• You may use generated audio for personal or commercial purposes, subject to the restrictions in Section 7

• We reserve the right to use anonymized, aggregated data about Service usage to improve our offerings

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement

• Warranties that the Service will be uninterrupted, error-free, or secure

• Warranties regarding the accuracy, reliability, or quality of any content or information obtained through the Service

• Warranties that defects will be corrected or that the Service is free of viruses or harmful components

We do not warrant that the Service will meet your requirements or expectations. Use of the Service is at your sole risk.

9.2 Third-Party Services

• The Service relies on third-party voice providers (OpenAI, Google Cloud, Azure)

• We are not responsible for the performance, availability, or quality of these third-party services

• Changes to or discontinuation of third-party services may affect Service functionality

• We do not endorse and are not responsible for third-party content or services

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUANTOPS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages

• Loss of profits, revenue, data, use, or goodwill

• Service interruptions or security breaches

• Errors, mistakes, or inaccuracies in content

• Personal injury or property damage resulting from use of the Service

• Unauthorized access to or use of our servers or your personal information

• Third-party conduct or content

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations, so these may not fully apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Quantops, Inc., its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service

• Your violation of these Terms

• Your violation of any rights of another party

• Your User Content

• Your violation of applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

• Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation

• If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules

• Arbitration shall take place in Wilmington, Delaware

• You waive the right to participate in class actions or class arbitrations

• Judgment on the arbitration award may be entered in any court having jurisdiction

11.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent irreparable harm.

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Effective Date" at the top of this page

• Provide notice of material changes via email or through the Service

• Give you at least 30 days' notice of changes that materially affect your rights

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

13. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to our collection and use of your information as described in the Privacy Policy. Please review our Privacy Policy at /privacy.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Quantops, Inc. regarding the Service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.

14.6 Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations.

14.7 Government Users

If you are a U.S. government entity, the Service is provided as "Commercial Computer Software" subject to the terms of this agreement.

15. Contact Information

If you have questions about these Terms of Service, please contact us at:

Quantops, Inc.

Email: legal@aloudly.ai

Support: support@aloudly.ai

Website: https://aloudly.ai

For billing inquiries: billing@aloudly.ai

For security concerns: security@aloudly.ai

Last Updated: January 15, 2025

By using Aloudly, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.