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Terms

Last Updated: March 10th, 2025

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THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS TERMS OF SERVICE PRIOR TO ACCESSING OUR WEBSITE OR SIGNING UP FOR OUR SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ THESE TERMS, INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER, SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS

 

Section 1 – Introduction & Consent to Terms.

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Welcome to ALMAGU USA, Inc., a Delaware corporation dba VoiceHero (“VoiceHero”, “we”, us”, or “our”) Terms of Service (referred to herein as the “Terms”). These Terms apply to all users of our website, our mobile website, our mobile application, and any other platforms that we run, manage, offer, or promote our Services through (collectively, our “Platform”) and Users who sign up for our Services (referred to herein as a “User”, “Users”, “you”, or “your”). By using our Platform or signing up for our Services, you agree to be bound by these Terms.

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VoiceHero offers a service that allows verbal children to donate their voice to VoiceHero, who will create a unique, synthetic voice (referred to herein as a “VoiceHero Voice” or “VoiceHero Voices”) for communication and use by AAC users (our “Services”).

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If you do not agree to these Terms, we ask that you please not sign up for or use our Services. Using our Platform or signing up for our Services constitutes explicit acceptance of these Terms.

 

We reserve the right to modify the contents of these Terms at any time, upon thirty (30) days’ written notice. Any modification to these Terms will be notated at the top of this Terms and will also be communicated to you in writing. Failure to terminate these Terms and the underlying relationship, in writing, within thirty (30) days after notification of an update or modification to these Terms will constitute explicit acceptance by you of any and all such modification or changes.

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Section 2 – Background, Eligibility, and Access via a Token.

 

To register for our Services, you represent and warrant that you are either: (i) eighteen (18) years of age, or (ii) are a minor and have gained access to our Services and our Platform only after parental consent and receipt of a token which is generated by VoiceHero. Please be aware that the token that gives you access to our Platform and Services, is unique to you, and cannot be transferred by you to any third-party. Any use of your token by a third-party (outside of your parent/guardian) is a material breach of these Terms.

 

COPPA Compliance & Parental Rights:
VoiceHero complies with the Children’s Online Privacy Protection Act (COPPA) and requires parental consent before collecting or processing voice data from users under the age of 13. Parents may request the deletion of their child's personal data at any time before the VoiceHero Voice is donated. Once assigned, deletion requests may be limited as described below. For data removal requests, contact [support@voicehero.com].

 

To register for our Services, you are required to sign up and provide some required information, as required by VoiceHero. Some information you provide may be optional and at your discretion. If you choose to provide optional information, you are doing so at your election.

 

Your use of our Services involves the use of hardware, software, and access to the internet. These system requirements may change from time to time. You acknowledge and agree that all system or internet requirements for our Services is/are your sole responsibility, and you acknowledge and agree that failure to comply with all hardware, software, and internet requirements is not the responsibility of VoiceHero.

 

You are solely responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account.

 

Lost or Misused Tokens:
Each token is unique and tied to a specific Donor or Recipient account. Sharing or transferring your token to an unauthorized person is a violation of these Terms and may result in suspension or termination of your access.
If your token is lost or compromised, contact VoiceHero support immediately for reissuance. VoiceHero is not responsible for unauthorized use of lost or stolen tokens unless reported prior to misuse.

 

Section 3 – Our Services, VoiceHero Voices, and Ownership.

 

VoiceHero offers a service that allows verbal children to donate their voice to VoiceHero (herein a “Donor”), who will create a unique, synthetic VoiceHero Voice for communication and use by AAC users (herein a “Recipient”).

 

General Services Practices:

 

  • VoiceHero does not charge Donors, Recipients, or their parent/guardian for our Services, which are free to Users. Our Services are paid for by the School/District.

  • VoiceHero creates the VoiceHero Voices based on the donated voice by a Donor.

  • Recipients are free to use or not use the VoiceHero Voice that they have been donated.

  • Donor Voice Recordings: Deleted within 72 hours after processing into a VoiceHero Voice.

  • VoiceHero Voices: Once assigned, the Recipient retains the right to use the voice permanently.

  • Once assigned, the Recipient only receives access to one (1) VoiceHero Voice with our Services.

  • VoiceHero does not offer alternative voices for platform compatibility issues.

  • A Donor retains rights to their original voice recordings.

  • A Donor does not own the final VoiceHero Voice, as it is a separate AI-generated product.

  • VoiceHero owns all synthetic voices created from Donor recordings and licenses them to Recipients.

  • Donors cannot revoke their consent once a VoiceHero Voice has been donated.

 

Our Donor/Recipient Consent Process:

 

  • Our VoiceHero app can only capture audio after a personal token has been entered.

  • This token is unique to each Donor and is issued only after the parent approves and consent to participation by their child.

  • Recipients are only able to download our VoiceHero app and access our Services once the parent approves participation.

  • A VoiceHero Voice (and the underlying consent we are given) can only be revoked or deleted before it is allocated to a Recipient. Once allocated, the VoiceHero Voice cannot be deleted nor your consent revoked. If you would like to revoke your consent, please contact us prior to the allocation of the VoiceHero Voice to a Recipient.

  • Once a Recipient has been donated a VoiceHero Voice, the Recipient is able to use the VoiceHero Voice, in perpetuity.

 

Our VoiceHero Voices are created based on the donated voice of a Donor. The Donor will retain all rights in or to the donated voice recording, which is granted to VoiceHero as a license, solely for the purpose of creating a single VoiceHero Voice.

 

Our VoiceHero Voices are owned by VoiceHero and are licensed to Recipients, who are able to use the VoiceHero Voice they have been assigned in accordance with our Terms of Service. No transfer of any kind in or to the VoiceHero Voices shall result from these Terms, your use, or otherwise.

 

VoiceHero does NOT:

 

  • Restrict or put requirements onto a student’s AAC communication, as our Services only offers a Recipient a VoiceHero Voice but does not require them to use it.

  • VoiceHero does not require exclusivity of any kind with respect to our Services or use of a VoiceHero Voice by a Recipient.

  • VoiceHero does not offer any paid services to Users or engage in any ‘gotcha’ or freemium services.

  • Allow donor parents to revoke the use of a VoiceHero Voice once it has been assigned. Once created by VoiceHero, the VoiceHero Voice is owned by VoiceHero.

 

Data Retention & Deletion:

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  • Donor voice recordings are permanently deleted within 72 hours after processing.

  • Once created, a VoiceHero Voice is stored indefinitely, unless VoiceHero ceases operations or storage policies change.

  • Recipients may request deletion of their VoiceHero Voice only if it has not yet been donated. Once donated, deletion requests cannot be fulfilled.

  • If VoiceHero ceases operations, Users will receive a 30-day notice regarding future access to their VoiceHero Voices.

 

Section 4 - License to Use our Platform and Our Intellectual Property.              

 

The contents of our Platform and our Intellectual Property (as defined below) are protected by United States and international copyright laws. The contents of our Platform and our Intellectual Property are owned exclusively by VoiceHero or licensed to us.

 

You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Platform or our Intellectual Property (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to VoiceHero.

 

VoiceHero and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of VoiceHero. All rights in these Marks are reserved by VoiceHero. You may not use any VoiceHero-provided Marks or other logos or graphics, without our prior written consent.

 

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make use of our Platform and our Intellectual Property consistent with the purposes set forth herein. This limited license does not include the right to: (a) sell or commercialize our Platform, our Intellectual Property, or any and/or all content except as is necessary to use our Services; (b) modify, reverse engineer or create any derivative works based upon either our Platform, our Intellectual Property, or any content found therein; or (c) use robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

 

Any unauthorized use by you of our Platform or our Intellectual Property automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.


Section 5 – Opt-In to Electronic Communications.

 

By signing up for our Services and providing VoiceHero with one or more forms of communication, you explicitly consent to receive communications related to our Services or your use of our Services.

 

You are able to terminate this consent by (a) responding to the email or other communication you receive; or (b) by sending us an email to the email address listed on our Platform.

 

Section 6 – Third Party Services.

 

User understands that VoiceHero may offer functionality or incorporation into third-party products or services that are not owned by VoiceHero and there is no agency relationship between VoiceHero and any of these third-party entities, all of whom are separate from VoiceHero. By using the Services, you expressly waive VoiceHero, our employees, agents, owners, and principals from all liability arising from your use or the use by any Users of these third-party services. 

 

VoiceHero does not and cannot guarantee functionality into third-party AAC devices or software. VoiceHero does not and cannot guarantee the services or platforms of these third-party companies.

 

VoiceHero provides synthetic voices for AAC users but does not control third-party AAC platforms or their continued support of VoiceHero Voices. If a third-party AAC platform stops supporting our voices, VoiceHero is not responsible for any loss of functionality

 

Use of third-party platforms in connection with your use of a VoiceHero Voice is at your own risk.

 

Section 7 – Term & Errors.

 

These Terms will remain active and in full force and effect so long as they are posted on our Platform.

 

Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, at any time.

 

Section 8 - Data Security.

 

VoiceHero will maintain and enforce information and data privacy and security procedures with respect to its access, use and storage of all Data (as defined below) that (a) are at least equal to industry standards, and (b) comply with applicable federal, state, and local laws.  For purposes of these Terms, “Data” means all information provided by users on our Platform.

 

VoiceHero will promptly report to Client any breaches of security or unauthorized access to VoiceHero systems that VoiceHero detects or becomes aware of. VoiceHero will use diligent efforts to remedy such breach of security or unauthorized access in a timely manner.

 

Client understands and acknowledges that no security system is impenetrable and subject to VoiceHero’s negligence, VoiceHero shall have no liability for a security breach involving Data.

 

Finally, our full data and privacy policy is located on our Privacy Policy.

 

Section 9 – General Disclaimers.

 

VoiceHero provides its services to USERS at no cost and assumes no liability for the performance or availability of its services.

 

OUR website AND SERVICES are provided 'as is' and, to the extent permitted by applicable law, VoiceHero and its OWNERS, directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.

 

WE DO NOT AND CANNOT GUARANTEE PERFECT AVAILABILITY OF OUR PLATFORM, OUR Services, or the voicehero voices, which MAY BE INACCESSABLE, IN FULL OR IN PART, FROM TIME TO TIME. BY USING OUR PLATFORM OR SERVICES, YOU ACKNOWLEDGE THAT UNEXPECTED ISSUES MAY OCCUR, AND PERFECT AVAILABILITY CANNOT BE GUARANTEED. YOU WILL NOT HAVE UNINTERRUPTED SERVICE OF OUR PLATFORM OR THE VOICEHERO VOICES.

 

VoiceHero Voices are designed to work with supported AAC platforms but cannot guarantee compatibility with all third-party AAC devices.

We do not provide alternative voices for unsupported platforms.

If a Recipient’s assigned VoiceHero Voice does not function properly with their AAC device, they may contact VoiceHero within 14 days of activation to explore available solutions.

 

YOU EXPRESSLY DISCLAIM ANY ISSUES RESULTING FROM YOUR USE OF OUR VOICEHERO VOICES OR OUR PLATFORM. WE CANNOT GUARANTEE THAT YOUR USE OF OUR VOICEHERO VOICES OR OUR PLATFORM WILL BE SUFFICIENT FOR YOUR PARTICULAR NEEDS.

 

OUR SERVICES AND YOUR VOICEHERO VOICE ARE NOT FOR USE IN CONNECTION WITH EMERGENCY COMMUNICATIONS.

 

you are solely responsible for your use and access to our platform, and if a recipient, your use of our voicehero voices.

 

We expressly disclaim any liability for loss or damage sustained by you as a result of USING our Platform or our serviCes.

 

Section 10 – Limitation of Liability.

 

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TEN DOLLARS ($10.00).   

 

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR PLATFORM, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

 

IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR SERVICES. 

 

Section 11 – Indemnification.

 

You agree to defend, indemnify and hold VoiceHero, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand arising from (i) your breach of these Terms; or (ii) breach of applicable law.

 

Section 12 – General Provisions.

 

Entire Agreement.  These Terms contains the entire agreement between you and VoiceHero regarding your use of our Services.

 

Waiver.  The failure by VoiceHero to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.

 

Assignment.  You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without VoiceHero’s prior written consent.

 

Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and VoiceHero.

 

Applicable Law/Dispute Resolution.  These Terms shall be governed by the laws of the State of Delaware.  All disputes arising from or related to these Terms or your use of our Services shall be subject to binding arbitration in Delaware.

 

Class Action Waiver. To the extent permitted by law, you and VoiceHero agree that any dispute arising from these Terms or our Services is personal to you and VoiceHero and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of similar proceeding.

 

Severability.  If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If an arbitrator or panel of arbitrators finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

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