Terms of Service
The Replica Studios service (“the Service”) is owned and operated by Replica Media Pty Ltd (ABN 99 626 601 625).
The Service is accessible from online locations including the websites at www.replicastudios.com and www.replica.app , and also via an API provided by us. By accessing and/or using the Service you agree to these Terms of Use, which include our Privacy Policy ( Terms ). You should review our Privacy Policy and these Terms carefully and immediately cease using our website and services if you do not agree to these Terms. These Terms of Use form an agreement between you and us (the “Agreement”).
In these Terms, ‘Replica Media’, 'us', 'we' and 'our' means Replica Media Pty Ltd and our related bodies corporate.
These Terms may be amended by Replica Media from time to time. Replica Media will use reasonable efforts to ensure that any changes to these Terms are made available to you not less than 24 hours prior to taking effect. Your continued use of the Service following the date such amended terms take effect will be deemed to be acceptance of any amended Terms.
1. About the Service
The Service is a text-to-voice service using AI technology which has applications in a number of industries including filmmaking, advertising, podcasting and other audio creation. Users can either create a replica of their own voice by recording a small dataset or use one of the voices available in a library of voices on the Service.
1.1 Using the Service
To use the Service you must upload text you wish to convert to voice format via the functionality on the Service. You must only upload text in respect of which you hold all necessary rights, and not any material, the use of which would infringe the rights of any third party. You must not use the Service to convert any content that:
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(a)
is unlawful, criminal, defamatory, harmful, libellous, contemptuous, obscene, pornographic, hateful, indecent or racially, culturally or ethnically or otherwise objectionable; -
(b)
violates or infringes the rights (including rights of privacy, publicity, copyrights, trade mark rights and contract rights) of any other person or party or infringes any law; -
(c)
promotes, incites or instructs in criminal activity or violence, or in conduct that may give rise to civil liability; -
(d)
advocates the doing of a terrorist act; -
(e)
contains gratuitous, exploitative or offensive descriptions of violence, or which provides explicit or graphic descriptions of sexual acts or fetishes; -
(f)
contains or promotes information that you know is false, misleading or deceptive; -
(g)
is for the purpose of advertising any illegal services or the sale of any items which are prohibited or restricted by any law; or -
(h)
constitutes or promotes copyright infringement;
“Objectionable Content”.
The Service will create voice recordings of the text you wish to convert (“Synthesized Audio”) in one of the following ways:
-
(a)
If you use the “Creating A Replica Voice” functionality on the Service, you can provide samples of your own voice, or another person’s voice, and the Service will create Synthesized Audio in a voice that is designed to sound like that voice. You can provide the voice samples by: -
- recording them directly into the Service’s web browser, in accordance with the instructions on the Service (“Browser Recordings”); or
- uploading sample voice recordings to the Service in accordance with the instructions on the Service (“Uploaded Recordings”);
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(b)
If you choose not to use the “Creating A Replica Voice” functionality on the Service, the Service will create the Synthesized Audio using a synthetic voice generated by the Service, which can be selected by you from a list of available synthetic voices.
If you choose to use the “Creating A Replica Voice” functionality, you must only supply Browser Recordings or Uploaded Recordings of the voice of a person other than you if that person has granted you permission to record their voice and supply it to us for use in accordance with these Terms Of Use.
1.2 Grant of Rights
You grant us the right to apply the Service to the text you submit and to create Synthesized Audio of it. We grant you a perpetual, worldwide royalty-free licence to use the Synthesized Audio for any purpose, including commercial purposes, subject to the terms set out in these Terms Of Use, including the restrictions in clause 1.3.
You grant us a, perpetual, worldwide, royalty-free right to store and use the text you provide:
-
(a)
for our own internal research and development purposes; -
(b)
for our own internal purposes in improving the Service and our other products and services; and -
(c)
to monitor compliance with these Terms Of Use (which we may do using both automated and manual means).
1.3 Restrictions
You must not use Synthesized Audio:
-
(a)
in connection with any Objectionable Content; -
(b)
for the purpose of impersonating any person; -
(c)
in connection with any misleading, fraudulent, criminal or unlawful activity, or activity which would infringe the rights of any third party; -
(d)
in connection with any activity that would constitute sexual, racial or other discrimination.
1.3 Warranties
You warrant to us that:
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(d)
you own or control all rights in the text you upload to the Service which are necessary for it to be converted into Synthesized Audio and for the Synthesized Audio to be used by us, and by you, in accordance with these Terms of Use; and -
(d)
that the provision of the Service in relation to the text you supply, and use by you and us of the Synthesized Audio in accordance with these Terms Of Use will not infringe the copyright or other rights of any third party, or any law.
1.5 Rights in Recordings
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(a)
As between you and us, we will own all copyright and other rights in the Browser Recordings and the Synthesized Audio throughout the universe in perpetuity. You assign to us all copyright (including future copyright) and other rights in the Browser Recordings which you may own. -
(b)
As between you and us, you will retain ownership of the copyright in any Uploaded Recordings you submit. You grant us a licence to reproduce and use the Uploaded Recordings in accordance with clause 1.5(c) below. -
(c)
We will only reproduce and use the Browser Recordings and Uploaded Recordings for the following purposes: - to create Synthesized Audio of the text you submit;
- for our own internal research and development purposes;
- for our own internal purposes in improving the Service and our other products and services; and
- for other purposes agreed in writing between you and us.
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(d)
You warrant that any Browser Recordings or Uploaded Recordings made or submitted by you will not infringe the copyright or other rights of any third party, and will not contain any Objectionable Content. -
(e)
At any time, you may notify us that you wish to have all Browser Recordings or Uploaded Recordings you have submitted deleted from the Service. If you do so, we will delete them from the Service and cease to use them as set out in 1.5(c) above. You acknowledged however that this will mean that they can no longer be used to create any further Synthesized Audio.
We will not make Browser Recordings or Uploaded Recordings provided by you, or Synthesized Audio which is created using them, available to any user of the Service other than you, except with your prior approval.
1.6 Avatars
The Service contains functionality which allows you to create an avatar using an image supplied by you. If you supply an image to create an avatar, you grant us the right to reproduce, edit and otherwise use that image for the purpose of creating an avatar and displaying it as part of the Service. You warrant that you hold all necessary rights in relation to the image in order to grant these rights to us and that our use of it in accordance with this clause will not infringe the rights of any third party, or any law.
2. Fees and Charges
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(a)
provide true, accurate, current, and complete information; -
(b)
maintain and update this information to keep it true, accurate, current, and complete; -
(c)
protect and prevent unauthorized access to your account; -
(d)
not transfer or share your account with any third party; and -
(e)
immediately notify us of any suspected or actual unauthorized use of your account or breach of security. You are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations. -
(a)
Payment Method 1 (Blocks Of Credit): -
- If you select this method, you pay in advance for blocks of time (such time being measured as the duration of the Synthesized Audio which is created by your use of the Service).
- The amount of time in each block, and the price of each block, will be published by us within the Service and may vary from time to time.
- If you purchase one or more blocks of time, then as you generate Synthesized Audio by using the Service, your credit balance will reduce depending on the duration of Synthesized Audio generated. You will be able to access a usage meter via your account which will show your credit balance.
- Once your credit balance reduces to zero, you will not be able to continue using the Service unless you purchase further block/s of time (or we elect to provide you with additional free credit, which will be in our discretion).
-
(b)
Payment Method 2 (Monthly Payment Plan): -
- If you select this method, you pay a recurring monthly fee which entitles you to a fixed number of hours of credit per month (measured as the duration of the Synthesized Audio which is created by your use of the Service).
- We may offer two or more different monthly payment plans which vary as to the monthly fee and the number of hours of credit. Details of these plans will be published by us within the Service.
- If you select a plan, then at the start of each monthly billing cycle you will be automatically debited with the monthly fee for that plan and you will be credited with the monthly number of hours of credit for that plan. Your first billing cycle will commence on the date you join the plan, and the billing cycles will continue on a rolling monthly basis after that.
- If during any given month, you do not use all your credit, the unused credit will not carry over to the next month. Your account will be reset at the beginning of the next month with the standard amount of credit for that month.
- If in any given month, you use all your credit prior to the end of the month, then you will not be permitted to continue using the Service for the remainder of that month unless you have chosen to activate our optional "pay as you go" feature which allows you to keep using the Service during the relevant month. If you activate the "pay as you go" feature, you will be charged for any extra use you make of the Service in that month, according to the duration of additional Synthesized Audio you generate in excess of your monthly credit limit. The additional usage will be charged at the rate we advise you of when you seek to activate the "pay as you go" feature. We may in our discretion change the rate for the "pay as you go" feature, and we will notify you of the new rate if we do this. The new rate will take effect from the start of the next monthly billing cycle following such notice.
- If you wish to cancel your monthly plan, you must give us notice at least 24 hours before the commencement of the next monthly billing cycle. If you give us such notice, your plan will terminate at the end of the then-current billing cycle and you will not be charged any further monthly fees. You will not be entitled to a refund for any unused credit.
- We may in our discretion discontinue any of our monthly plans at any time. If we do this in respect of the plan that you are on, we will notify you and we will inform you of the date your plan will terminate (which will be at the end of a monthly billing cycle). After that, you will no longer be charged monthly fees, and you will no longer be entitled to use the Service, unless you select another plan from the plans we have on offer.
2.1 To use the Service you must register an account. When registering an account, you agree to:
2.2 When you register an account, we may in our discretion provide you with some initial free credit to use the Service for a limited time for no payment. Once any such free credit is exhausted, then unless we elect to provide you with further free credit (which will be in our discretion), you will need to register for one of the payment methods referred to in clause 2.3 below in order to continue using the Service.
2.3 We offer two payment methods, as follows:
2.4 If you elect to change from one payment method to another (for example, from Payment Method 1 (Blocks Of Credit) to Payment Method 2 (Monthly Payment Plan), or vice versa), any remaining credit balance you have on the old plan will not carry over to the new plan. We will move you to the new plan on the day that you request it, and from the time that you commence on the new plan, you will only be entitled to the credit which applies to the new plan.
2.5 All payments will be processed by our third party payment services provider, Stripe. Payments may be made by credit card or any other payment type which Stripe may from time to time accept on our behalf.
2.6 If you are a user on an "enterprise" scale who is likely to require large quantities of Synthesized Audio output, we may be willing to offer a customized payment plan involving bulk discounts. To discuss this, please contact us using the contact links provided within the Service.
3. Support
The Service is provided on an “as is” and “as available” basis and we do not provide any support in respect of the Service.
4. Indemnity
You indemnify us from and against all claims, costs, damage, and loss arising from any breach by you of your obligations or warranties in this Agreement, or from any claim that our use of any recordings, text or other material uploaded or otherwise provided by you infringes the rights of any third party.
5. Intellectual property rights
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Unless otherwise indicated, Replica Media owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Service and in all of the material (including all text, graphics, and logos) made available on the Service ( Content ).
5.1
-
Your use of the Service and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Service or the Content. However we grant you the right to access the Service and the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
5.2
Any reproduction or redistribution of the Service or the Content, except as expressly permitted under these Terms Of Use, is prohibited and may result in civil and criminal penalties.
6 Prohibited Activity
6.1 You must not:
-
(a)
use the Service in a manner inconsistent with any applicable laws, statutes, and regulations, or inconsistent with the licence terms and conditions which apply to any third party software; -
(b)
use the Service in connection with any criminal or tortious activity or the infringement of intellectual property rights; -
(c)
sub-license, sell, lend or lease the Service; -
(d)
reverse engineer, decompile, disassemble, or attempt to obtain the source code of, the Service; -
(e)
delete, circumvent or alter any legal notices, rights management information or technological protection measures within the Service; -
(f)
engage in any malicious activity in connection with the Service, or any activity which may overload or harm our servers or other infrastructure; -
(g)
engage in data harvesting or any similar activity in connection with the Service; -
(h)
engage in any activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network; -
(i)
interfere with the use of the Service by others, including but not limited to interfering with the computer systems which support the Service, overloading a service, engaging in a denial-ofservice attack, or attempting to disable a host; -
(j)
use the Service or its output to create, train or modify any product or service which is similar to or competitive with the Service, and/or which is an artificial intelligence product or service; or -
(k)
permit, encourage or assist any other person to do any of the above.
(“Prohibited Activity”).
6.1 We may suspend or terminate your use of the Service if:
-
(a)
we reasonably believe that you have engaged in Prohibited Activity, or have breached these Terms Of Use; -
(b)
you do not co-operate with any reasonable investigation by us of any suspected breach of these Terms Of Use; or -
(c)
we are required by a regulatory body, or by law, to suspend or terminate use of the Service.
6.3
You must co-operate with us in relation to any reasonable investigation by us of technical problems or security problems in connection with the Service, or any suspected breach of these Terms Of Use.
7. Limitation of Liability
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To the maximum extent permitted at law, we do not make any warranties in respect of the Service, including but not limited to that the Service will meet your requirements or will achieve any particular result, or that the Service will be uninterrupted or will be error free. We provide the Service “as is” and “as available”. We will use reasonable endeavours to achieve the best possible fidelity for Synthesized Audio, but we do not guarantee that any particular level of fidelity will be achieved.
7.1
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To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense, loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, loss of business, or any other loss not arising naturally from the relevant breach – irrespective of the manner in which it occurs – which may be suffered due to a your use of the Service, or as a result of the inaccessibility of the Service and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
7.2
-
To the extent that we have any liability to you, our total aggregate liability to you in connection with any breach of this Agreement by us will be limited at our sole discretion to:
7.3
-
(a)
the resupply of the services to you; or -
(b)
the payment of the cost of having the services supplied to you again.
8. LibriTTS Datasets
The Service uses datasets from the LibriTTS corpus which is available at https://research.google/tools/ datasets/libri-tts/ (the “LibriTTS Datasets”)
The authors of the LibriTTS Datasets are Heiga Zen, Viet Dang, Rob Clark, Yu Zhang, Ron Weiss, Ye Jia, Zhifeng Chen and Yonghui Wu.
The LibriTTS Datasets are licensed pursuant to a Creative Commons Attribution 4.0 International licence, the terms of which which are available at https://creativecommons.org/licenses/by/4.0/legalcode
The LibriTTS Datasets have been modified by us as part of the design and functionality of the Service.
9. General
9.1 Entire Agreement
These Terms of Use, together with the Privacy Policy, and the terms of any other notices or instructions given to you under these Terms of Use supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the use of the Service and the other matters dealt with in these Terms of Use.
To the extent of any inconsistency between these Terms of Use and any other terms, these Terms of Use will prevail.
9.2 No Assignment
You may not assign or transfer any rights under this Agreement to any third party without our prior written consent.
9.3 Severability
If any part or provision of these Terms of Use is invalid, unenforceable, or in conflict with any law, that part or provision is excised from this Agreement and the remainder of the Agreement will be unaffected.
10. Jurisdiction and governing law
Your use of the Service and these Terms of Use are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.