Coqui Online Platform Terms & Conditions
Effective Date: May 26, 2023
1. Parties & Binding Online Terms & Conditions
Please read these Coqui Online Platform Terms and Conditions ("Terms," "Terms and Conditions," and/or "Agreement") carefully before using our website (coqui.ai) and/or any of our applications contained therein (and/or any of our online services, whether accessed through our website or otherwise, any of the foregoing services, the "Service") operated by Coqui.ai Corp. ("Coqui", "us", "we", or "our"). This Agreement is by and between Coqui and you, the person or entity accessing and/or using our Service ("you," "your").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. The Service, and the information contained on or through the Service, may be accessed only by, as applicable persons who have been authorized by Coqui to use the Service pursuant to these Terms (an "Authorized User"). By clicking the I AGREE button during account setup, you represent that you are an Authorized User and that you accept these Terms and agree to be bound by them.
If you, or any entity on whose behalf you are using this Service, do not wish to be bound by these Terms, you must not use the Services. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SERVICE.
These Terms apply to all visitors, users and others who wish to access or use the Service. These Terms apply to all versions of the Service.
By creating an online account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
3. Audio & Other Content
Our Service allows you to post, link, store, share and otherwise make available certain information, including in particular, audio containing speech which you may record and upload ("Content"). You are responsible for the Content that you upload or otherwise post on or through the Service, including its legality, reliability, and appropriateness.
By uploading or posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate your account if we find you to be infringing on a copyright or otherwise violating any of the aforementioned representation and warranties.
We take no responsibility and assume no liability for Content you or any third party uploads or posts on or through the Service. However, by posting Content using the Service you grant us a perpetual right and license to use, modify, perform, display (if applicable), reproduce, and distribute such Content on and through the Service. Coqui’s Service includes software which (algorithmically or otherwise) generates "models" based on the Content you upload, and stores such models on its servers. Any such models derived from any Content (including speech) which you upload as well as any other derivations from the Content (whether the models, data, usage insight, Feedback, or other derivations) are and shall remain the property of Coqui (the "Derivations").
Coqui has the right but not the obligation to monitor and edit all Content provided by users including your use.
In addition, any and all access to Content found on or through this Service is reserved solely for Coqui’s control on its Service (or used by others with permission). You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
For purposes of clarity, ownership of any synthesized speech or audio ("Synthesized Audio") that any Authorized User may generate using our Service, and more specifically, our product Coqui Studio, shall remain with such Authorized User. The applicable Authorized User shall retain his/her/its rights to use the Synthesized Audio for commercial and/or non-commercial purposes, subject to all other terms and conditions hereunder.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account, including your password and login credentials, and including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately (by email or otherwise) upon becoming aware of any (actual, threatened, or potential) breach of security or unauthorized use of your account.
5. Intellectual Property; Acceptable Use & Service Access Restrictions
The Service including any of its underlying algorithms (excluding Content provided by Authorized Users of the Service), features and functionality, and any and all improvement and/or Derivations thereto, are and will remain the exclusive property (including intellectual property) of Coqui (and, if applicable, its licensors). The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used (whether in connection with any product or service or otherwise) without the prior written consent of Coqui and except as permitted herein. You are granted access to the Service under and subject to a restricted and fully revocable license grant by us.
You agree that you will not (a) modify, copy, decompile, disassemble or reverse engineer, or cause any other party to modify, copy, decompile, disassemble or reverse engineer our software, technology, and/or the Service; (b) unless you obtain our explicit permission in advance, sublicense any of our intellectual property to third parties or sell, resell, rent, sublicense or lease the Service to third parties; (c) otherwise violate the license grant or restrictions set forth herein; (d) use the Service to store or transmit malicious code nor upload any Content which you do not have rights in or to; (e) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (f) attempt to gain unauthorized access to the Services or their related systems or networks; (g) misappropriate any of our software, technology or other services; (h) use the Service or permit enable or assist a third party to use the Service to create competing products or services.
You may have access to information that is confidential to Coqui, including but not limited to the Service and content, and any information related to the Service and content ("Coqui Confidential Information"). Coqui Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. You agree not to make Coqui’s Confidential Information available in any form to any unauthorized third parties. You agree to take all reasonable steps to ensure that Coqui’s Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.
You may from time-to-time submit feedback, comments, suggestions, questions, ideas, or other information to us concerning the Service or our products, services, technology, techniques, processes or materials ("Feedback"). We may in connection with any of the Service and its products and services freely use, copy, disclose, license, distribute and otherwise exploit such Feedback in any manner without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.
8. Links to Other Websites/Third Party Services; Third Party Content
Our Service may contain links to (and/or otherwise inter-operate with) third party web sites or services that are not owned or controlled by Coqui.
Coqui has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Coqui 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 such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit, and use any such third party web sites or services only if you are in agreement with the terms governing those third party services. If you click-through to any third-party services, either directly or indirectly through the Service (collectively, the "Linked Sites"), you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such Linked Sites. If you do not comply with a third party service terms and conditions, we may be required to terminate your access to such third party’s content and/or the Service if we cannot separate the third party content from our Service. We shall have no liability for any reduction of or inaccessibility to the Service and you will not be entitled to any remedy as a result of your access termination of either a third party service or our Services where applicable.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to as a result of a breach of any provision under these Terms.
If you wish to terminate your account, please reach out to your account administrator or [email protected]
All provisions of these Terms which by their nature should survive termination (e.g., Section 5, Section 6, Section 10, and Section 11 hereunder) shall survive termination, including, without limitation, intellectual property/ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Coqui and its licensee and licensors, and its and their employees, contractors, agents, officers and directors, from and against any and all damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), for any third party claim against Coqui arising out of a) your use and access of the Service, by you and/or any person using your account and password; b) a breach of these Terms, and/or c) Content posted on the Service.
11. Limitation of Liability
IN NO EVENT SHALL COQUI, NOR ANY OF ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND/OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, INCLUDING EVEN IF RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTUAL PURPOSE. IN NO CASE SHALL COQUI’S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED IN THE AGGREGATE THE ACTUAL PAYMENTS RECEIVED BY COQUI FROM YOU OVER THE PRIOR TWELVE MONTHS FROM THE DATE ON WHICH A CLAIM AROSE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE IN THIS SECTION OR THE DISCLAIMER SET FORTH BELOW, THIS LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COQUI HAS AGREED TO GRANT YOU ACCESS TO THE SERVICE IN PART IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Coqui, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements and/or business objectives.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us and you regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In such event we will update our Terms with the revised date. If a change of any of these Terms is material we will provide reasonable notice to you prior to any new terms taking effect, so that you can elect to stop using the Service in the event you do not agree to the material change of these Terms.
By continuing to access or use our Service after any modifications of our Terms become effective, you agree to be bound by these Terms as amended/revised. If you do not agree to the new terms, you are no longer authorized to use the Service.
15. Contact Us
If you have any questions about these Terms, please contact us:
By email: [email protected]
By visiting this page on our website: https://coqui.ai/tos
By visiting this page on our website: https://coqui.ai/tos