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Edit Speech with AI
PLAYAI END USER TERMS OF SERVICE
Last Updated: July 10, 2025
Welcome, and thank you for your interest in Playht, Inc. ("PlayAI," "we," or "us") and our products at https://play.ht/products/ and https://play.ai/, along with our related websites, hosted applications, application programming interface(s) (each an "API"), and other services provided by us (collectively, the "Service"). These Terms of Service (these "Terms") are a legally binding contract between you and PlayAI regarding your use of the Service.
If you are using our Service through one of our hosting partners, please see Section 8 to understand which terms and conditions do not apply to you within these Terms and what additional agreements may be relevant to you.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOU ALSO AGREE THAT YOU HAVE READ AND UNDERSTOOD PLAYAI'S PRIVACY POLICY AVAILABLE AT HTTPS://PLAY.HT/PRIVACY/ AND HTTPS://PLAY.AI/PRIVACY.
IF YOU ARE USING OUR SERVICES THROUGH ANOTHER PARTY'S SITE OR AS OFFERED THROUGH ANOTHER PARTY, THEIR TERMS MAY ALSO APPLY. PLEASE SEE REFERENCES TO THIRD-PARTY TERMS BELOW.
ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 16 (DISPUTE RESOLUTION AND ARBITRATION), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND PLAYAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
TABLE OF CONTENTS
1. PlayAI Service Overview
2. Eligibility
3. Accounts and Registration
4. General Payment Terms
5. Refund Policy
6. Licenses
7. Ownership; Proprietary Rights
8. Third-Party Terms
9. User Content
10. Intellectual Property Rights Protection
11. Modification of Terms
12. Term, Termination, and Modification of the Service
13. Indemnity
14. Disclaimers; No Warranties by PlayAI
15. Limitation of Liability
16. Dispute Resolution and Arbitration
17. Compliance with Laws and Export Regulations
18. Miscellaneous
2. Eligibility
3. Accounts and Registration
4. General Payment Terms
5. Refund Policy
6. Licenses
7. Ownership; Proprietary Rights
8. Third-Party Terms
9. User Content
10. Intellectual Property Rights Protection
11. Modification of Terms
12. Term, Termination, and Modification of the Service
13. Indemnity
14. Disclaimers; No Warranties by PlayAI
15. Limitation of Liability
16. Dispute Resolution and Arbitration
17. Compliance with Laws and Export Regulations
18. Miscellaneous
1.
PlayAI Service Overview
Our platform allows you to generate audio files with synthetic AI voices. These Terms apply to your use of the Service, regardless of how you access it (e.g., via our website and related applications, APIs, or via a third-party that may be utilizing our API to offer you the Service or hosting our Service on its or its vendors' servers).
No Training of AI Models on Your Submitted Content: In accordance with Section 9 of these Terms, we will not use your User-Submitted Content (as defined below) to train our AI models. However, we may use aggregated usage metrics to train our AI models that do not reveal your User-Submitted Content.
Our platform allows you to generate audio files with synthetic AI voices. These Terms apply to your use of the Service, regardless of how you access it (e.g., via our website and related applications, APIs, or via a third-party that may be utilizing our API to offer you the Service or hosting our Service on its or its vendors' servers).
No Training of AI Models on Your Submitted Content: In accordance with Section 9 of these Terms, we will not use your User-Submitted Content (as defined below) to train our AI models. However, we may use aggregated usage metrics to train our AI models that do not reveal your User-Submitted Content.
2.
Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms, and you agree to be bound by these Terms. You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and these Terms.
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:
1.
You are at least 18 years old;
2.
You have not previously been suspended or removed from the Service; and
3.
Your registration and use of the Service is in compliance with any and all applicable laws and regulations, including in respect of export regulation (see Section 17).
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms, and you agree to be bound by these Terms. You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and these Terms.
3.
Accounts and Registration
To access most features of the Service, you must register for an account. When registering, you may be required to provide certain information about yourself, such as your name, email address, or other contact information. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep it accurate and up to date. You are solely responsible for maintaining the confidentiality of your account, password, and log-in credentials ("Log-In Credentials") and accept responsibility for all activities that occur under your account using the Log-In Credentials (excluding misuse of the Log-in Credentials caused by PlayAI's negligence, willful misconduct, or violation of applicable law). If you believe your account is no longer secure, immediately notify us at [email protected].
We reserve the right to remove or change a username we determine, in our sole discretion, to be inappropriate, obscene, or otherwise objectionable.
To access most features of the Service, you must register for an account. When registering, you may be required to provide certain information about yourself, such as your name, email address, or other contact information. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep it accurate and up to date. You are solely responsible for maintaining the confidentiality of your account, password, and log-in credentials ("Log-In Credentials") and accept responsibility for all activities that occur under your account using the Log-In Credentials (excluding misuse of the Log-in Credentials caused by PlayAI's negligence, willful misconduct, or violation of applicable law). If you believe your account is no longer secure, immediately notify us at [email protected].
We reserve the right to remove or change a username we determine, in our sole discretion, to be inappropriate, obscene, or otherwise objectionable.
4.
General Payment Terms
Certain features of the Service require you to pay fees as set forth on our Pricing Page. Before paying any fees, you will have the opportunity to review and accept the fees that you will be charged. Unless specifically stated otherwise, all fees are in U.S. Dollars and non-refundable except as required by applicable law or as provided in Section 5 (Refund Policy). You are solely responsible for any applicable conversion fees or other charges from the applicable bank or payment processor (including transactions fees).
Certain features of the Service require you to pay fees as set forth on our Pricing Page. Before paying any fees, you will have the opportunity to review and accept the fees that you will be charged. Unless specifically stated otherwise, all fees are in U.S. Dollars and non-refundable except as required by applicable law or as provided in Section 5 (Refund Policy). You are solely responsible for any applicable conversion fees or other charges from the applicable bank or payment processor (including transactions fees).
4.1
Price
PlayAI reserves the right to determine pricing for the Service. We encourage you to check our pricing page periodically for current pricing. To the extent permitted by applicable law, we may change the fees (or add new fees) for any feature of the Service if we give you advance notice of changes before they apply. Promotional offers may have different features and pricing.
PlayAI reserves the right to determine pricing for the Service. We encourage you to check our pricing page periodically for current pricing. To the extent permitted by applicable law, we may change the fees (or add new fees) for any feature of the Service if we give you advance notice of changes before they apply. Promotional offers may have different features and pricing.
4.2
Authorization
You authorize PlayAI to charge all sums for orders that you make and any level of Service you select, including applicable taxes, to the payment method specified in your account. If you pay with a credit card, PlayAI may seek a pre-authorization to verify the card is valid and has the necessary funds.
You authorize PlayAI to charge all sums for orders that you make and any level of Service you select, including applicable taxes, to the payment method specified in your account. If you pay with a credit card, PlayAI may seek a pre-authorization to verify the card is valid and has the necessary funds.
4.3
Subscription Service
Our Service may include certain subscription-based plans with automatically recurring payments ("Subscription Service"). Your subscription begins on the first date of purchase ("Subscription Billing Date"), subject to Section 5, continues for the period you select ("Initial Subscription Period"), and automatically renews for successive periods of the same duration as the Initial Subscription Period (each a "Subscription Period") unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, you authorize PlayAI or its third-party payment processors to periodically charge you, on a going-forward basis until cancellation, all accrued sums on or before the payment due date. For information on the "Subscription Fee", please see our pricing page at https://play.ht/pricing/ and https://play.ai/pricing/. Subject to Section 5, you must cancel before the renewal date to avoid additional charges. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You may cancel the Subscription Service through your account settings or by contacting [email protected].
Our Service may include certain subscription-based plans with automatically recurring payments ("Subscription Service"). Your subscription begins on the first date of purchase ("Subscription Billing Date"), subject to Section 5, continues for the period you select ("Initial Subscription Period"), and automatically renews for successive periods of the same duration as the Initial Subscription Period (each a "Subscription Period") unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, you authorize PlayAI or its third-party payment processors to periodically charge you, on a going-forward basis until cancellation, all accrued sums on or before the payment due date. For information on the "Subscription Fee", please see our pricing page at https://play.ht/pricing/ and https://play.ai/pricing/. Subject to Section 5, you must cancel before the renewal date to avoid additional charges. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You may cancel the Subscription Service through your account settings or by contacting [email protected].
4.4
Delinquent Accounts
PlayAI may suspend or terminate access to fee-based portions of the Service for any account with overdue amounts. In addition to the overdue amount, you may be liable for fees or charges incidental to any chargeback or collection.
PlayAI may suspend or terminate access to fee-based portions of the Service for any account with overdue amounts. In addition to the overdue amount, you may be liable for fees or charges incidental to any chargeback or collection.
5.
Refund Policy
5.1
All Sales Are Final
Unless explicitly stated otherwise in a separate written agreement with PlayAI, and subject to any mandatory provisions of applicable law regarding refunds and cooling-off periods, all sales and transactions made through our platform are final, and we do not offer refunds for any reason, including for change of mind or dissatisfaction with the Service.
Unless explicitly stated otherwise in a separate written agreement with PlayAI, and subject to any mandatory provisions of applicable law regarding refunds and cooling-off periods, all sales and transactions made through our platform are final, and we do not offer refunds for any reason, including for change of mind or dissatisfaction with the Service.
5.2
Cancellation of Subscription Services
For subscription-based Services, you are responsible for canceling your subscription before the renewal date to avoid charges for the next billing period. Except as expressly permitted under these Terms or required by applicable law, no refunds or prorated refunds will be given once a Subscription Fee has been charged in accordance with Section 4.3 above.
For subscription-based Services, you are responsible for canceling your subscription before the renewal date to avoid charges for the next billing period. Except as expressly permitted under these Terms or required by applicable law, no refunds or prorated refunds will be given once a Subscription Fee has been charged in accordance with Section 4.3 above.
5.3
Technical Issues
We do not guarantee the absence of technical issues or interruptions. In the event of technical issues, contact [email protected] for assistance, but except as expressly set forth in these Terms or required by applicable law, technical disruptions alone do not entitle you to a refund.
We do not guarantee the absence of technical issues or interruptions. In the event of technical issues, contact [email protected] for assistance, but except as expressly set forth in these Terms or required by applicable law, technical disruptions alone do not entitle you to a refund.
5.4
Exceptions
1.
24-Hour Exception:
Refunds will be considered if you meet the following conditions within 24 hours of the transaction:
(i) Your usage for that transaction is less than 5000 characters.
(ii) You must contact our support team within 24 hours of the transaction.
Refunds will be considered if you meet the following conditions within 24 hours of the transaction:
(i) Your usage for that transaction is less than 5000 characters.
(ii) You must contact our support team within 24 hours of the transaction.
2.
Enterprise Account: Enterprise users should contact their designated account manager via email for refund inquiries.
3.
UK/EU Users: If you are based in the United Kingdom or the European Union and you cancel your subscription within 14 days of your initial subscription, you will receive a full refund (subject to a pro-rata deduction for any actual usage of the Services). If you cancel after 14 days following your initial subscription, you will not receive a refund and termination will take effect from the end of the then current Subscription Period.
4.
Fraudulent Transactions: PlayAI reserves the right to investigate and potentially refund payments suspected to be fraudulent.
5.
Contact: If you believe a refund is warranted under an exceptional circumstance, contact our support team at [email protected] or via our website chat.
6.
Licenses
6.1
Limited License To You
1.
Subject to your compliance with these Terms, PlayAI grants you, solely for your personal or commercial use:
(a) non-exclusive, non-transferable, sublicensable (solely for purposes of offering the use of the Service to your end customers) right to access and use the Service, including our APIs as documented, in accordance with these Terms.
(b) all right, title and interest obtained by PlayAI in and to User-Generated Content, subject to any Third Party Terms which may apply to such User-Generated Content.
2.
We may set and enforce usage limits (e.g., API request limits) at our sole discretion.
3.
Communication Processing: By communicating through the Service, you agree that our third-party service providers may receive and process your communications and User Content on our behalf.
6.2
License Restrictions; Acceptable Use
Except to the extent such restriction is impermissible under applicable law, you may not:
Except to the extent such restriction is impermissible under applicable law, you may not:
(a) Reproduce, distribute, publicly display, or create derivative works of the Service;
(b) Make modifications to the Service;
(c) Interfere with or circumvent any security or access control mechanism of the Service;
(d) Reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs (except as expressly permitted by law, and then only with prior notice to PlayAI);
(e) Remove or obscure any proprietary notices;
(f) Publish performance information or benchmarks about the Service without prior written consent;
(g) Interfere with the operation of the Service, or conduct any security testing without authorization;
(h) Transmit viruses or harmful materials;
(i) Submit any User-Submitted Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User-Submitted Content;
(j) Generate User-Generated Content which is pornographic, lascivious, encourages violence or hate speech, would be morally reprehensible, or clearly in violation of the rights of a third party or local regulations;
(k) Use the Services for the purposes of harassment, false impersonation or representation, or any other fraudulent or willful misconduct;
(l) Pass-off User-Generated Content as content that was created by a person rather than through means of artificial intelligence;
(m) Use, reproduce, display, perform, or distribute any User-Generated Content in a manner that infringes or violates any rights of a third party, including any intellectual property rights or privacy rights;
(n) Process sensitive or highly confidential data through our Service without entering into a data processing agreement;
(o) Treat us as a subprocessor as such terms is understood under data privacy laws; or
(p) Use the Service in violation of law or to develop any product or service that is similar to or competitive with the Service.
6.3
Prohibition on Duplication & Reverse Engineering (On-Premise Deployments)
If you purchase license to use the Service in an on-premise deployment using your or your licensor's servers ("Infrastructure"), you shall not, directly or indirectly:
If you purchase license to use the Service in an on-premise deployment using your or your licensor's servers ("Infrastructure"), you shall not, directly or indirectly:
(a) Copy, reproduce, modify, translate, or create derivative works of the Service, except as expressly permitted in a written agreement with PlayAI;
(b) Disassemble, decompile, reverse engineer, decrypt, extract, or otherwise attempt to derive or reconstruct the source code, underlying algorithms, or any of the custom trained or proprietary models, in whole or in part, architecture of the Service;
(c) Remove, alter, or obscure any proprietary notices, labels, or marks from the Service;
(d) Use the Service in any manner that circumvents technical restrictions imposed by PlayAI, including but not limited to access controls, authentication mechanisms, or usage limitations;
(e) Troubleshoot or otherwise execute any improvements (finetuning of models for your specific use cases excepted) or modifications to the Service without our express consent;
(f) Encumber the Infrastructure in any manner, including pledging any software in the Infrastructure or allow a third party to obtain any rights in or ability to exert any control or claim of ownership over any software provided by PlayAI;
(g) Sell the Infrastructure or grant third parties any right of use of Infrastructure while the Service is installed on it;
(h) Allow third party vendors to test or benchmark the Service unless PlayAI expressly agrees;
(i) Allow third parties to remove the Infrastructure without informing PlayAI; or
(j) Allow any third party to engage in any of the prohibited actions listed above.
6.4
Feedback
If you provide any suggestions or feedback regarding the Service, you grant PlayAI and its affiliates an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, royalty-free right and license (with the right to sublicense through multiple tiers) to use and exploit such feedback in any manner.
If you provide any suggestions or feedback regarding the Service, you grant PlayAI and its affiliates an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, royalty-free right and license (with the right to sublicense through multiple tiers) to use and exploit such feedback in any manner.
7.
Ownership; Proprietary Rights
The Service (including the visual interfaces, design, compilation, code, and all other elements) is owned by PlayAI or its licensors and is protected by intellectual property laws. Except as expressly authorized, you may not make use of these proprietary materials. PlayAI reserves all rights not granted explicitly.
The Service (including the visual interfaces, design, compilation, code, and all other elements) is owned by PlayAI or its licensors and is protected by intellectual property laws. Except as expressly authorized, you may not make use of these proprietary materials. PlayAI reserves all rights not granted explicitly.
8.
Third-Party Terms
8.1
Third-Party Services and Linked Websites
PlayAI may provide tools that allow you to export information or link your account to third-party services. We do not control these third-party services and are not responsible for their actions or policies. Once you share information with a third party, PlayAI no longer has control over how that information is used.
PlayAI may provide tools that allow you to export information or link your account to third-party services. We do not control these third-party services and are not responsible for their actions or policies. Once you share information with a third party, PlayAI no longer has control over how that information is used.
8.2
Third-Party Software
The Service may include or incorporate open-source or third-party software components, which remain subject to their own licenses.
The Service may include or incorporate open-source or third-party software components, which remain subject to their own licenses.
8.3
Partner-Hosted Deployment Terms
This Section 8.3 sets out clauses that apply to you in the event you have subscribed for the Service through one of our third-party partners ("Hosting Partner") which deploys and hosts the Service. You acknowledge and agree to the following, including all disclaimers set out within this Section 8.3:
This Section 8.3 sets out clauses that apply to you in the event you have subscribed for the Service through one of our third-party partners ("Hosting Partner") which deploys and hosts the Service. You acknowledge and agree to the following, including all disclaimers set out within this Section 8.3:
(a) Contract Supremacy. You have purchased a subscription or use rights for our Service from our Hosting Partner pursuant to a commercial agreement entered into by and between you and our Hosting Partner which sets out various customary clauses (the "Hosting Partner Terms"). Any clause under our Terms herein which conflicts with the Hosting Partner Terms shall be resolved in PlayAI's favor.
(b) Non-Applicable Terms. Sections 4 (General Payment Terms) and 5 (Refund Policy) shall not apply to your use of the Service. The Hosting Partner Terms shall govern all items related to fees.
(c) Hosted Service Responsibilities. PlayAI remains responsible solely for the underlying technology and functionality of the Service. The Hosting Partner is responsible for infrastructure, security controls, and compliance with applicable regulations in their deployment environment.
(d) Data Handling and Security
i. PlayAI does not control or oversee data handling within or in respect of a Hosting Partner's infrastructure. PlayAI and the Hosting Partner are independent controllers. The Hosting Partner is solely responsible for implementing security measures that align with industry standards, including encryption, access control, and data integrity protections.
ii. PlayAI makes no warranties regarding a Hosting Partner's data processing practices, and you hereby agree that you will be solely responsible for independently reviewing, to your own satisfaction, the Hosting Partner's privacy policies and security measures.
(e) Compliance and Legal Requirements
i. The Hosting Partner is solely responsible for ensuring its compliance with all applicable data protection laws, including but not limited to GDPR, CCPA, and other relevant jurisdictional regulations.
ii. You acknowledge that jurisdiction-specific legal requirements may vary in a Partner-Hosted Deployment and agree that PlayAI is not liable for any non-compliance by the Hosting Partner, and that each party is an independent controller of any of your personal information.
(f) Service Availability and Performance
i. PlayAI provides the Service "as-is" within a Partner-Hosted environment and does not guarantee uptime, performance, or reliability beyond the scope of its standard API and platform commitments.
ii. Any service disruptions, outages, or performance issues resulting from the Hosting Partner's infrastructure or modifications are the sole responsibility of the Hosting Partner.
(g) Limitations of Liability. In addition to the terms set out under Section 15 (Limitation of Liability) under these Terms in respect of liability, PlayAI is not liable for any loss, damage, or service interruption caused by a Hosting Partner's deployment, infrastructure, or modifications to the Service. You waive any claims against PlayAI for issues arising from third-party hosting, including but not limited to data loss, security breaches, or system failures.
(h) Indemnification. To the fullest extent permitted by law, you hereby agree to indemnify and hold PlayAI harmless against any claims, liabilities, or damages arising from Hosting Partner's handling of data, security incidents, or non-compliance with applicable laws which arise from your use of the Service. The indemnification which the Hosting Partner offers you is limited to the Hosting Partner Terms.
9.
User Content
9.1
User Content Ownership and License
Certain features of the Service may permit you to (a) submit, upload, publish, transmit, or otherwise make available content, information, or other materials to the Service (such content, information or other materials, "User-Submitted Content"); and (b) generate content based on User-Submitted Content ("User-Generated Content"). User-Submitted Content and User-Generated Content are collectively "User Content". You retain ownership of your User-Submitted Content, except that you grant PlayAI and its affiliates a worldwide, non-exclusive, revocable, royalty-free license to use your User Content (a) as necessary to operate the Service; (b) to internally test their AI models; and (c) as otherwise directed by you. We will not train our AI models on your User-Submitted content. For the avoidance of doubt, aggregated or de-identified usage data may be used for this purpose, as discussed in further detail in Section 9.4.
Certain features of the Service may permit you to (a) submit, upload, publish, transmit, or otherwise make available content, information, or other materials to the Service (such content, information or other materials, "User-Submitted Content"); and (b) generate content based on User-Submitted Content ("User-Generated Content"). User-Submitted Content and User-Generated Content are collectively "User Content". You retain ownership of your User-Submitted Content, except that you grant PlayAI and its affiliates a worldwide, non-exclusive, revocable, royalty-free license to use your User Content (a) as necessary to operate the Service; (b) to internally test their AI models; and (c) as otherwise directed by you. We will not train our AI models on your User-Submitted content. For the avoidance of doubt, aggregated or de-identified usage data may be used for this purpose, as discussed in further detail in Section 9.4.
9.2
You Must Have Rights to the Content
You are solely responsible for your User-Submitted Content. By submitting User-Submitted Content, you represent and warrant that:
You are solely responsible for your User-Submitted Content. By submitting User-Submitted Content, you represent and warrant that:
1. You own the User-Submitted Content or have the rights to submit it;
2. Submission and use of your User-Submitted Content will not infringe or violate any third-party rights or laws;
3. Your User-Submitted Content is not defamatory, obscene, harassing, hateful, or otherwise objectionable;
4. You have obtained and will maintain all required rights and consents to provide the User-Submitted Content; and
5. You will not provide any User-Submitted Content that violates any applicable privacy or data protection law.
9.3
User Content Disclaimer
PlayAI is not responsible for, and will have no liability with respect to, any User Content. However, we reserve the right to remove or block any User Content that violates these Terms or is otherwise objectionable in our sole discretion.
PlayAI is not responsible for, and will have no liability with respect to, any User Content. However, we reserve the right to remove or block any User Content that violates these Terms or is otherwise objectionable in our sole discretion.
9.4
Usage Data; Aggregated Data
You hereby grant PlayAI and its affiliates a right and license to create, generate or derive anonymized or deidentified data from User-Submitted Content for use of the Services ("Usage Data") and to use Usage Data for their business purposes.
You hereby grant PlayAI and its affiliates a right and license to create, generate or derive anonymized or deidentified data from User-Submitted Content for use of the Services ("Usage Data") and to use Usage Data for their business purposes.
10.
Intellectual Property Rights Protection
10.1
Respect of Third-Party Rights
PlayAI respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
PlayAI respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
10.2
DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our designated agent at the following address (the "Designated Agent"):
Playht, Inc.
Attn: Legal Department (IP Notification)
535 Alma St
Palo Alto, CA 94301
Email: [email protected]
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our designated agent at the following address (the "Designated Agent"):
Playht, Inc.
Attn: Legal Department (IP Notification)
535 Alma St
Palo Alto, CA 94301
Email: [email protected]
10.3
Procedure for Reporting Claim Infringement
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information:
Your Notification of Claimed Infringement may be shared by PlayAI with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to PlayAI making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property right that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.
Your Notification of Claimed Infringement may be shared by PlayAI with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to PlayAI making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
10.4
Repeat Infringers
PlayAI's policy is to: (a) remove or disable access to material that PlayAI believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. PlayAI will terminate the accounts of users that are determined by PlayAI to be repeat infringers. PlayAI reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
PlayAI's policy is to: (a) remove or disable access to material that PlayAI believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. PlayAI will terminate the accounts of users that are determined by PlayAI to be repeat infringers. PlayAI reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
10.5
Counter Notification
If you receive a notification from PlayAI that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide PlayAI with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to PlayAI's Designated Agent through one of the methods identified in Section 10.2 (DMCA Notification), and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
If you receive a notification from PlayAI that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide PlayAI with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to PlayAI's Designated Agent through one of the methods identified in Section 10.2 (DMCA Notification), and include substantially the following information:
(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which PlayAI may be found, and that you will accept service of process from the person who provided notification under Section 10.2 (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
10.6
Reposting of Content Subject to a Counter Notification
If you submit a Counter Notification to PlayAI in response to a Notification of Claimed Infringement, then PlayAI will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that PlayAI will replace the removed User Content or cease disabling access to it in 10 business days, and PlayAI will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless PlayAI's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on PlayAI's system or network.
If you submit a Counter Notification to PlayAI in response to a Notification of Claimed Infringement, then PlayAI will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that PlayAI will replace the removed User Content or cease disabling access to it in 10 business days, and PlayAI will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless PlayAI's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on PlayAI's system or network.
10.7
False Notifications of Claimed Infringement or Counter Notifications
The Copyright Act provides at 17 U.S.C. § 512(f) that: "[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [PlayAI] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it." PlayAI reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
The Copyright Act provides at 17 U.S.C. § 512(f) that: "[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [PlayAI] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it." PlayAI reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
11.
Modification of Terms
We may revise these Terms at any time. Material changes will be effective 30 days after posting or notice to existing users, unless otherwise stated. We require that you accept the revised Terms to continue using the Service. If you do not agree to the revised Terms, discontinue use of the Service. You may delete your account through your account settings or by contacting customer service at [email protected].
We may revise these Terms at any time. Material changes will be effective 30 days after posting or notice to existing users, unless otherwise stated. We require that you accept the revised Terms to continue using the Service. If you do not agree to the revised Terms, discontinue use of the Service. You may delete your account through your account settings or by contacting customer service at [email protected].
12.
Term, Termination, and Modification of the Service
12.1
Term
These Terms are effective upon your acceptance and continue until terminated as described.
These Terms are effective upon your acceptance and continue until terminated as described.
12.2
Termination
We may, subject to the requirements of applicable law (including with respect to notice), terminate these Terms, your account, or your access to the Service at any time for any reason or no reason, without notice or liability. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at [email protected].
We may, subject to the requirements of applicable law (including with respect to notice), terminate these Terms, your account, or your access to the Service at any time for any reason or no reason, without notice or liability. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at [email protected].
12.3
Effect of Termination
Upon termination:
Upon termination:
1. Your license rights end and you must cease using the Service;
2. You remain liable for any unpaid amounts due prior to termination;
3. Sections 6.4 (Feedback), 7 (Ownership; Proprietary Rights), 9.1 (User Content Ownership and License), 9.4 (Usage Data; Aggregated Data), 12.3 (Effect of Termination), 13 (Indemnity), 14 (Disclaimers; No Warranties by PlayAI), 15 (Limitation of Liability), 16 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) survive termination; and
4. You are solely responsible for retaining copies of your User Content since, upon termination of your account, you may lose access rights to User Content.
12.4
Modification of the Service
We reserve the right to modify or discontinue any part of the Service without notice at any time; provided that for any significant modification that is likely to materially impact your use of the Service, we will provide reasonable advance notice to you. We will not be liable for such changes. You should retain copies of any User Content, as we are not responsible for storing or providing access to that User Content after termination or modification of the Service.
We reserve the right to modify or discontinue any part of the Service without notice at any time; provided that for any significant modification that is likely to materially impact your use of the Service, we will provide reasonable advance notice to you. We will not be liable for such changes. You should retain copies of any User Content, as we are not responsible for storing or providing access to that User Content after termination or modification of the Service.
13.
Indemnity
To the fullest extent permitted by law, you will indemnify, defend, and hold harmless PlayAI and its affiliates, officers, members, managers, partners, shareholders, directors, employees, consultants, and agents ("PlayAI Entities") from and against every claim, action or proceeding ("Action") brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with:
PlayAI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
To the fullest extent permitted by law, you will indemnify, defend, and hold harmless PlayAI and its affiliates, officers, members, managers, partners, shareholders, directors, employees, consultants, and agents ("PlayAI Entities") from and against every claim, action or proceeding ("Action") brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with:
1. Your unauthorized use or misuse of the Service;
2. Your violation of any portion of these Terms;
3. Your infringement of a third party's intellectual property or other rights;
4. Any dispute between you and a third party.
PlayAI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
14.
Disclaimers; No Warranties by PlayAI
14.1
"AS IS" and "AS AVAILABLE" Basis
PlayAI provides the Service, User-Generated Content, and all other materials/content on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, express or implied, including warranties of merchantability, title, fitness for a particular purpose, and non-infringement. We do not warrant the Service will be error-free or uninterrupted.
PlayAI provides the Service, User-Generated Content, and all other materials/content on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, express or implied, including warranties of merchantability, title, fitness for a particular purpose, and non-infringement. We do not warrant the Service will be error-free or uninterrupted.
14.2
No Advice or Information
No advice or information, whether oral or written, obtained by you from or through the Service or the PlayAI Entities creates any warranty regarding any of the PlayAI Entities or the Service that is not expressly stated in these Terms.
No advice or information, whether oral or written, obtained by you from or through the Service or the PlayAI Entities creates any warranty regarding any of the PlayAI Entities or the Service that is not expressly stated in these Terms.
14.3
No Liability for Third Parties
You may obtain the Service as hosted on a third party platform or in conjunction with a third party service. PlayAI is not responsible for monitoring or otherwise managing or guaranteeing third parties' services or hosting environment, even as related to our Service or Privacy Policy or our data handling practices. Notwithstanding the foregoing, PlayAI shall remain responsible for the data processors it engages, if these processors fail to fulfill their data protection obligations.
We also do not monitor, endorse, or in any way are responsible for third parties in respect of their provision of any product or service to you and all related act or omissions. We are strictly limited in our responsibility to you to the items set out under these Terms.
Material changes to the third party platform may affect performance or availability of the Services. YOU ACKNOWLEDGE THAT SUCH CHANGES ARE OUTSIDE PLAYAI'S CONTROL.
PLAYAI DOES NOT REPRESENT OR WARRANT THAT ANY THIRD-PARTY OFFERINGS OR OTHER THIRD-PARTY MATERIAL SHALL BE IN COMPLIANCE WITH LAWS.
PLAYAI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY THIRD-PARTY OFFERINGS, WEBSITES OR SERVICES.
You may obtain the Service as hosted on a third party platform or in conjunction with a third party service. PlayAI is not responsible for monitoring or otherwise managing or guaranteeing third parties' services or hosting environment, even as related to our Service or Privacy Policy or our data handling practices. Notwithstanding the foregoing, PlayAI shall remain responsible for the data processors it engages, if these processors fail to fulfill their data protection obligations.
We also do not monitor, endorse, or in any way are responsible for third parties in respect of their provision of any product or service to you and all related act or omissions. We are strictly limited in our responsibility to you to the items set out under these Terms.
Material changes to the third party platform may affect performance or availability of the Services. YOU ACKNOWLEDGE THAT SUCH CHANGES ARE OUTSIDE PLAYAI'S CONTROL.
PLAYAI DOES NOT REPRESENT OR WARRANT THAT ANY THIRD-PARTY OFFERINGS OR OTHER THIRD-PARTY MATERIAL SHALL BE IN COMPLIANCE WITH LAWS.
PLAYAI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY THIRD-PARTY OFFERINGS, WEBSITES OR SERVICES.
14.4
No Liability for User's Behavior
PLAYAI DOES NOT MONITOR OR POLICE AND IS NOT RESPONSIBLE FOR USER CONTENT. WE HAVE NO OBLIGATION TO EDIT OR CONTROL USER CONTENT AND WE ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT. PLAYAI DOES NOT CONDONE OR IN ANY WAY ENCOURAGE CONTENT CREATION THAT DOES NOT CONFORM TO LOCAL LAWS AND REGULATIONS OR IS INAPPROPRIATE OR UNSUITABLE FOR A LEGITIMATE OR REASONABLE INTENDED USE OR SCENARIO.
PLAYAI DOES NOT MONITOR OR POLICE AND IS NOT RESPONSIBLE FOR USER CONTENT. WE HAVE NO OBLIGATION TO EDIT OR CONTROL USER CONTENT AND WE ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT. PLAYAI DOES NOT CONDONE OR IN ANY WAY ENCOURAGE CONTENT CREATION THAT DOES NOT CONFORM TO LOCAL LAWS AND REGULATIONS OR IS INAPPROPRIATE OR UNSUITABLE FOR A LEGITIMATE OR REASONABLE INTENDED USE OR SCENARIO.
14.5
No Liability for Rogue Behavior
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOG-IN CREDENTIALS, AND YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. IF YOU BELIEVE THAT YOUR ACCOUNT IS NO LONGER SECURE, THEN YOU SHOULD IMMEDIATELY NOTIFY US.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOG-IN CREDENTIALS, AND YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. IF YOU BELIEVE THAT YOUR ACCOUNT IS NO LONGER SECURE, THEN YOU SHOULD IMMEDIATELY NOTIFY US.
14.6
Exceptions
THE FOREGOING DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE FOREGOING DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15.
Limitation of Liability
15.1
No Indirect Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLAYAI BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICE; (C) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (D) COST OF REPLACEMENT GOODS OR SERVICES; (E) LOSS OF GOODWILL OR REPUTATION; OR (F) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER PLAYAI WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLAYAI BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICE; (C) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (D) COST OF REPLACEMENT GOODS OR SERVICES; (E) LOSS OF GOODWILL OR REPUTATION; OR (F) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER PLAYAI WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
15.2
Liability Cap
EXCEPT WHERE PROHIBITED BY LAW, PLAYAI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID BY YOU TO PLAYAI UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
EXCEPT WHERE PROHIBITED BY LAW, PLAYAI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID BY YOU TO PLAYAI UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15.3
Essential Basis of the Bargain
Each provision of these Terms that limits liability is an essential basis of the bargain between the parties.
Each provision of these Terms that limits liability is an essential basis of the bargain between the parties.
16.
Dispute Resolution and Arbitration
16.1
No Jury Trial
By accepting these Terms, to the fullest extent permitted by applicable law, you and PlayAI each waive the right to a trial by jury.
By accepting these Terms, to the fullest extent permitted by applicable law, you and PlayAI each waive the right to a trial by jury.
16.2
No Class Actions
To the fullest extent permitted by applicable law, you and PlayAI may only bring claims in your individual capacity and not as a plaintiff or class member in any class or representative action, including in mass arbitration.
To the fullest extent permitted by applicable law, you and PlayAI may only bring claims in your individual capacity and not as a plaintiff or class member in any class or representative action, including in mass arbitration.
16.3
Arbitration
If you are resident or registered in North America or South America, any dispute between you and PlayAI arising out of or relating to these Terms will be conclusively determined by final and binding confidential arbitration in San Francisco, California, administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The ruling may be entered in any court having jurisdiction.
If you are resident in the Middle East or Europe, any dispute between you and PlayAI arising out of or relating to these Terms will be conclusively determined by the courts of England & Wales or, if required by mandatory provisions of applicable law in your country of residence, the courts of the country in which you are resident.
If you are resident or registered in North America or South America, any dispute between you and PlayAI arising out of or relating to these Terms will be conclusively determined by final and binding confidential arbitration in San Francisco, California, administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The ruling may be entered in any court having jurisdiction.
If you are resident in the Middle East or Europe, any dispute between you and PlayAI arising out of or relating to these Terms will be conclusively determined by the courts of England & Wales or, if required by mandatory provisions of applicable law in your country of residence, the courts of the country in which you are resident.
16.4
Costs
Each party will bear its own attorneys' fees and costs, and the parties shall split arbitrator fees unless otherwise required by law.
Each party will bear its own attorneys' fees and costs, and the parties shall split arbitrator fees unless otherwise required by law.
16.5
Equitable Relief
Notwithstanding this Section, each party may seek injunctive or other equitable relief in a court of competent jurisdiction.
Notwithstanding this Section, each party may seek injunctive or other equitable relief in a court of competent jurisdiction.
17.
Compliance with Laws and Export Regulations
You agree to comply with all laws with respect to the use of the Service, and agrees not to export or re-export, directly or indirectly, the Service or any other information or materials provided by us to any country where such export is restricted or requires an export license or governmental approval, without first obtaining the necessary permissions. The Service may not be exported or re-exported to, or used by parties residing in any country under a U.S. embargo or designated by the U.S. Government as a "terrorist-supporting" country, or by any individual or entity listed on U.S. Government lists of prohibited or restricted parties, such as the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons or Entity List.
By using the Service, YOU CONFIRM AND WARRANT THAT NEITHER YOU NOR YOUR USERS ARE LOCATED IN SUCH A COUNTRY OR LISTED ON ANY SUCH PROHIBITED LIST. You are responsible for complying with all applicable U.S. export laws and regulations at your own expense.
You agree to comply with all laws with respect to the use of the Service, and agrees not to export or re-export, directly or indirectly, the Service or any other information or materials provided by us to any country where such export is restricted or requires an export license or governmental approval, without first obtaining the necessary permissions. The Service may not be exported or re-exported to, or used by parties residing in any country under a U.S. embargo or designated by the U.S. Government as a "terrorist-supporting" country, or by any individual or entity listed on U.S. Government lists of prohibited or restricted parties, such as the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons or Entity List.
By using the Service, YOU CONFIRM AND WARRANT THAT NEITHER YOU NOR YOUR USERS ARE LOCATED IN SUCH A COUNTRY OR LISTED ON ANY SUCH PROHIBITED LIST. You are responsible for complying with all applicable U.S. export laws and regulations at your own expense.
18.
Miscellaneous
18.1
General Terms
These Terms, including any other agreements or policies incorporated by reference, constitute the entire understanding between you and PlayAI. You may not assign your rights or obligations without our written consent. Our failure to enforce any provision does not waive our right to enforce that or any other provision in the future. The Hosting Partner Terms are separate and apart from these Terms and apply to you as well. Please consult the Hosting Partner Terms independently. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
These Terms, including any other agreements or policies incorporated by reference, constitute the entire understanding between you and PlayAI. You may not assign your rights or obligations without our written consent. Our failure to enforce any provision does not waive our right to enforce that or any other provision in the future. The Hosting Partner Terms are separate and apart from these Terms and apply to you as well. Please consult the Hosting Partner Terms independently. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2
Governing Law
These Terms are governed by laws of the State of California, without regard to its conflict of law principles. You and PlayAI agree that the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer, you may also be entitled to additional protection afforded to you by mandatory provisions of applicable law in your country of residence.
These Terms are governed by laws of the State of California, without regard to its conflict of law principles. You and PlayAI agree that the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer, you may also be entitled to additional protection afforded to you by mandatory provisions of applicable law in your country of residence.
18.3
Electronic Communications
By using the Service, you consent to receiving electronic communications from us as described in our Privacy Policy.
By using the Service, you consent to receiving electronic communications from us as described in our Privacy Policy.
18.4
Contact Information
The Service is offered by Playht, Inc., located at 535 Alma St Palo Alto, CA 94301, USA. You may contact us at [email protected].
The Service is offered by Playht, Inc., located at 535 Alma St Palo Alto, CA 94301, USA. You may contact us at [email protected].
18.5
Publicity
Unless otherwise set forth in an MSA/Order form, if you agree to these Terms as or on behalf of a legal entity, you grant hereby PlayAI the right and license to use your name and corresponding trademark or logo ("Identifiers") in both text and pictures solely to identify you as a customer in publicly available oral and written statements, including on PlayAI's website, in marketing materials, and in press releases - any use of your Identifiers shall be subject to any usage guidelines you may provide to PlayAI. To request removal of your Identifiers, please notify us in writing at [email protected]. In addition, and without otherwise limiting the parties' confidentiality obligations under these Terms, PlayAI may disclose the relationship between you and PlayAI if legally required, in a financing transaction, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Unless otherwise set forth in an MSA/Order form, if you agree to these Terms as or on behalf of a legal entity, you grant hereby PlayAI the right and license to use your name and corresponding trademark or logo ("Identifiers") in both text and pictures solely to identify you as a customer in publicly available oral and written statements, including on PlayAI's website, in marketing materials, and in press releases - any use of your Identifiers shall be subject to any usage guidelines you may provide to PlayAI. To request removal of your Identifiers, please notify us in writing at [email protected]. In addition, and without otherwise limiting the parties' confidentiality obligations under these Terms, PlayAI may disclose the relationship between you and PlayAI if legally required, in a financing transaction, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
QUESTIONS / CONTACT
If you have questions regarding these Terms or your use of the Service, you may contact us at:
Playht, Inc.
535 Alma St
Palo Alto, CA
94301
Email: [email protected]
Playht, Inc.
535 Alma St
Palo Alto, CA
94301
Email: [email protected]