OUR TERMS OF SERVICE
Effective Date: May 20, 2021

Please read the terms and conditions set forth below (collectively, the "Terms of Service") carefully before accessing or using this website (the "Site") and/or services (collectively, "Our Services") made available by VoicedScripts.com ("VSS") or its owners or other affiliates, including the Merchant of Record Paddle.com (individually and collectively, "We"/"Us"/"Our").

This document constitutes an agreement ("Agreement") between you (the "User") and Us. By using the Site or placing an order with Us you agree to this Agreement and, without limitation, also Our Privacy Policy.

This Agreement comprises three integral sections:

1. General Terms
2. Terms of Use
3. Terms of Sale

This section comprises following subsections:

1. ACCEPTANCE
2. INDEMNIFICATION
3. LIMITATION OF LIABILITY
4. DEFINITIONS
5. TRADEMARKS
6. NOTICES
7. GOVERNING LAW
8. MISCELLANEOUS
9. TERMINATION

I.1. ACCEPTANCE

You, meaning you as an individual, and if applicable, the company or other legal entity you represent or on whose behalf you use Our Services or otherwise act (individually and collectively, "You"), agree to and are bound by these Terms of Service and in any modified or additional terms that We may publish from time to time on this Site. You understand and agree freely, voluntarily, and with full knowledge and understanding of its terms and conditions, that this Agreement is enforceable against You. If You do not agree to all of the terms and conditions contained in these Terms of Service, do not access or use this Site and/or Our Services. If You are entering into this Agreement on Your own behalf, You confirm that You are of legal age or that You have Your parents' or legal guardian's consent and permission to do so. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to this Agreement.

We may change these Terms of Service from time to time. Your continued access or use of the Site and/or Our Services constitutes Your acceptance of such changes. Your access and use of the Site and/or Our Services will be subject to the current version of the Terms of Service, including rules and guidelines posted on the Site at the time of such use. If You do not agree to the changes, Your sole remedy shall be to discontinue use of Our Services. If You breach any of the Terms of Service, Your license to access or use this Site and/or Our Services shall automatically terminate.

You agree that You shall not engage in any conduct that shall constitute a violation of any applicable law or regulation or that infringes the rights of Us or any third party (including rights of privacy and publicity). We may suspend or terminate Your access to the Site and/or Our Services, if We suspect misconduct, fraudulent activities or payment, or abuse using Our Services, with or without notice to You.

I.2. INDEMNIFICATION

You agree to defend, indemnify and hold Us (including Our subsidiaries, affiliates, licensors, licensees, officers, directors, shareholders, agents, representatives, employees, third-party information providers, submitters, and independent contractors, each an "Indemnified Party") harmless to the maximum extent permitted by law, against any claims, losses, liabilities, damages, actions, lawsuits, and other proceedings, judgments and awards, and costs and expenses (including, but not limited to, reasonable attorneys' fees and consultancy fees) arising out of or related to Your conduct, Your use or inability to use the Site and/or Our Services, Your breach or alleged breach of these Terms of Service or of any representation or warranty contained herein, Your unauthorized use of the Site and/or Our Services, Your failure to perform Your obligations or exercise Your rights in accordance with all applicable laws, Your negligence, gross negligence or willful misconduct, or Your violation of any laws, rules, regulations, or rights of another.

An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent. To the maximum extent permitted by law, you hereby release each Indemnified Party from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in connection with disputes between You and third parties concerning Our Services, the Site or this Agreement. In connection with the foregoing release, you hereby waive California Civil Code 1542 (and any other applicable law or statute) which substantially states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

I.3. LIMITATION OF LIABILITY

In no event shall We be liable for any punitive, exemplary, direct, indirect, incidental, special, or consequential damages (including, without limitation, damages for loss of business, loss of revenue or profits, business interruption, or loss of data) arising out of or in conjunction with this Agreement or the subject matter hereof, however caused and under any theory of liability, whether based in contract, tort (including negligence) or other theory of liability, regardless of whether We were advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy.

In any event, if We should be held liable for any damages notwithstanding the terms and conditions of this Agreement, the entire liability of Us (including Our affiliates) with respect to Our obligations under this Agreement or otherwise, for any reason and upon any cause of action, regardless of the number of actions or number of licensed copies of the products (and whether based in contract, strict liability, negligence, or otherwise) shall not exceed, the net value of the product or service or order in question. No cause of action which accrued more than one (1) year prior to the filing of a suit alleging such cause of action may be asserted against Us or Our affiliates.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so certain of the above limitations or exclusions may not apply to You. No other limitation contained in this Agreement shall limit Our liability to You, to the extent such limitation is prohibited by applicable law. The limitations of liability in this Agreement shall survive even if any exclusive or limited remedies provided in this Agreement should fail of their essential purpose.

I.4. DEFINITIONS

“VSS Service” means any service provided by Us, including but not limited to, enabling access to the Site, related apps, related technology, and the sale of Our products.

"VS Product" means multimedia content produced by Us using text-to-speech and other technology based on content provided by the User.

"User Material" means the source content provided by the User for producing a VS Product.

"VS Guidelines" means the guidelines published at the Site regarding the correct formatting of the file and contents of User Materials.

"VS Voices" means the assignment of voices provided at the Site to characters defined in the contents of User Materials.

“VS Order” means any order for a VS Product created by the User by submitting User Materials through the Site or some other platform.

“VS Price” means the price offered to the User by Us for producing a VS Product based on a VS Order.

“VS Sample” means part of a VS Product transmitted to the User for purposes of evaluation.

“VS Payment” means acceptance of the quality of and payment for a VS Product by the User through any means provided by Us for such payment of the VS Price.

"VSS Trademark" means any common law or registered trademark, logo, service mark, trade name, internet domain name, or other indication of origin now or in the future used by Us.

I.5. TRADEMARKS

Nothing contained herein grants or shall be construed to grant You any rights to use any VSS Trademark unless expressly conferred by these Terms of Service. You agree that You will not use any VSS Trademark in any manner that might tarnish, disparage, or reflect adversely on such Trademark or on Us. You agree that You will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any VSS Trademark or the Trademark rights claimed by Us. You agree that You will not use any VSS Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without Our prior written consent any word or mark which is similar to or likely to be confused with a VSS Trademark.

I.6. NOTICES

Any notice to Us that is required or permitted by this Agreement shall be in writing and shall be deemed given if sent using our Contact Form, two (2) Business Days after You sent the form.

Any notice to You that is required by this Agreement shall be in writing and shall be deemed given if sent by email to the email address that We have in Our records for You, upon the earlier of Your receipt of the email, or two (2) Business Days after We sent the email (provided that We did not receive a message indicating that the delivery of the email was unsuccessful).

I.7. GOVERNING LAW

These Terms of Service are governed by and shall be construed and enforced in accordance with the laws of Switzerland, without giving effect to any conflict of laws provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded. In the event of any conflict between these Terms of Service and any license agreement you enter with Us, the terms of such license agreement shall control. These Terms of Service shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Swiss Rules of International Arbitration in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be Kanton Zurich, Switzerland. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration.

If You are located in the EEA, You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including this clause, affects Your rights as a consumer to rely on such mandatory provisions of local law.

We shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against You in the event that, in Our opinion, such action is necessary. You agree and acknowledge that any breach or threatened breach by You of this Agreement may cause Us irreparable injury for which the recovery of money damages would be inadequate. Therefore, in addition to any other remedies that may be available at law, in equity, or otherwise, We shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, without the necessity of proving actual damages, or posting a bond, even if otherwise normally required.

I.8. MISCELLANEOUS

Our failure or delay in the performance of any of Our obligations under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, pandemia, or any other circumstances beyond Our reasonable control.

The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof. If you do not comply with these Terms of Service, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

This Agreement does not create any third party beneficiary rights. You may not assign, transfer, or delegate any portion of this Agreement without Our prior written consent. Your attempt to assign, transfer, or delegate this Agreement without Our consent will be null and void. VSS may assign, transfer, or delegate any portion of this Agreement with or without notice to You. VSS may modify or suspend the Site or Our Services, at any time for any reason with or without notice to You, provided that such modification or suspension shall not infringe upon any of Your rights arising out of this Agreement.

Your Order and this Agreement set forth the entire understanding between You and Us relating to the subject matter of Your VS Order and this Agreement, and supersede all prior or contemporaneous negotiations, understandings, agreements, proposals, and representations, written or oral, between the parties related to Your Order and this Agreement. In the event of a conflict among the terms and conditions of this Agreement and the terms and conditions of any VS Order, the terms and conditions of this Agreement shall prevail.

The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words "shall", "agree", and "will" are mandatory, the word "may" is permissive, the word "or" is not exclusive, and the singular includes the plural and vice versa. "Business Day" shall mean Monday through Friday, excluding New Year's Day, Christmas Day, and other holidays. All time period references in the Agreement to "days" other than "Business Days" shall be deemed to refer to calendar days. All references to "days" or "Business Days" shall mean consecutive days or Business Days.

This Agreement is executed in the English language. In the event this Agreement is translated into another language, and any inconsistency or discrepancy in meaning or interpretation results therefrom, the English language version shall prevail and control.

I.9. TERMINATION

In addition to and not in lieu of Our other rights, We may, upon written notice to You via email, suspend or cancel Your order for delivery of Our Services, use electronic self-help means to terminate Your ability to access Our Services (if permitted by applicable law), block Your use of the Site, or terminate this Agreement, if You fail to comply with any terms and conditions of this Agreement. Any provisions which by their nature contemplate effectiveness beyond the termination of this Agreement shall survive any such termination. Our remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity.

This section comprises following subsections:

1. LIMITED LICENSE
2. SITE TRADEMARKS
3. YOUR INFORMATION
4. YOUR CONTENT
5. RESTRICTION OF USE
6. LINKS TO THIRD PARTY SITES
7. COOKIE POLICY
8. WARRANTIES AND DISCLAIMERS

II.1. LIMITED LICENSE

Subject to Your compliance with these Terms of Service, any applicable license agreement with Us, and the law, you may access and use the Site. We remain the sole owner of all rights, title, and interest in the Site and reserve all rights not expressly granted under these Terms of Service. We may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Our sole discretion. We provide the Site on an "as is" and "as available" basis.

All content on the Site, including but not limited to images, sounds, video, and related metadata (collectively, Our "Content"), as well as the selection and arrangement of Our Content, are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties. Any unauthorized use of any part of Our Content violates such laws and this Agreement.

Except as expressly provided herein or in a separate license agreement between You and Us, We do not grant any express or implied permission to use the Site or any part of Our Content. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the Site or any part of Our Content. In addition, You agree not to use any data mining, robots, or similar data and/or image, sound, video gathering, and extraction methods in connection with the Site or Our Content.

Unless You enter into a license agreement with Us, You may not download, distribute, display, and/or copy any part of Our Content. You may not remove any watermarks or copyright notices contained in Our Content.

II.2. SITE TRADEMARKS

The look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of VSS and may not be copied, imitated, or used, in whole or in part, without the prior written consent of VSS.

All other trademarks, product names, and company names or logos used or appearing on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Us, unless expressly so stated.

You may not use a trademark, logo, image, multimedia, or other proprietary content of VSS to link to the Site without the prior written consent of VSS. You may not frame or hotlink to the Site or any part of Our Content without the prior written consent of VSS.

II.3. YOUR INFORMATION

We may collect information related to Your use of the Site. Third-party platforms through which you access the Site may collect information related to Your use of such third-party platform and make such information available to Us subject to Your agreement with the applicable third-party platform. Our collection and use of all such information shall at all times conform to this Agreement, our Privacy Policy, and applicable law. We will use and protect Your personal information, such as Your name and e-mail, in accordance with our Privacy Policy, the contents of which are incorporated by reference into these Terms of Service.

II.4. YOUR CONTENT

For any text, text containing document, image, audio, video, or any other content that You upload or post to the Site (“Your Content”, not including any User Material), You represent and warrant that: (i) You have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) We will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Service and all applicable laws.

By uploading Your Content, You grant Us a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, edit, transform, distribute and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of providing You Our Services and allowing You to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. If you submit feedback or suggestions about Our Services, we may use your feedback or suggestions without obligation to you. The above licenses will continue unless and until You remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

You may not upload, post, or transmit any video, audio, image, text, or other content that:

• Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
• Contains any pornographic, defamatory, or otherwise unlawful or immoral content;
• Exploits minors;
• Depicts unlawful or violent acts;
• Depicts animal cruelty or violence towards animals;
• Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition;
• Violates any law, statute, or regulation.

Displaying and/or distributing to the public any watermarked or unlicensed content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

From time to time, We may request feedback and other information from You about Our Services or Your experiences with Our Services ("Feedback"). Providing Us with Feedback is optional. By providing Feedback to Us, You grant Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with Your first name and last initial, and local geographic area, as determined by Us in Our sole discretion. We may also use the Feedback in anonymous and aggregate reviews.

II.5. RESTRICTION OF USE

We may block, restrict, disable, suspend or terminate Your access to all or part of the Site and/or Our Content at any time in Our discretion, without prior notice or liability to You. Any conduct by You that, in Our sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of Your access to the Site without further notice.

Specifying an email address You do not own to cause our system to send automated messages, submitting User Materials under false pretenses, and spamming Us or others misusing forms at the Site out of the context for which they are provided are cause for restricting Your use of the Site. In repeated instances of such behavior, We may choose to take further legal action at Our sole discretion.

II.6. LINKS TO THIRD PARTY SITES

In the event that the Site is available through any third-party platform, or if We provide links from the Site to any third-party platform or permit any third party to link from its platform to the Site, You understand and agree that We make no warranty of any kind, express or implied, and accept no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under Our control, and We provide and/or permit these links only as a convenience to You. The inclusion of any link does not imply affiliation, endorsement, or adoption by Us.

II.7. COOKIE POLICY

By using the Site, You agree to Us placing cookies on Your device and accessing them when You visit the Site in the future, subject to the provisions as stipulated in Our Privacy Policy. You can instruct Your browser to refuse all cookies or to indicate when a cookie is being sent. The "Help" portion of Your browser should explain how to configure Your browser's cookie handling and also how to locate the file or directory that stores cookies that may be already on Your computer and how to delete any cookies. Note that by deleting or disabling future cookies, Your user experience may be affected and you might not be able to take advantage of certain functions of the Site.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to Your browser from the Site and stored on Your device. We use cookies to: authenticate You, track Your session, deliver content specific to Your preferences and interests, provide features related to products, services, payment, and other functions. Our use of cookies makes Your access to the Site more convenient, secure, and efficient. We also use cookies to monitor website performance, to improve website design, functionality, and security, and to assemble web analytics and activity trends. Further details of which personally identifiable information we collect at the Site and how We use them are explained in Our Privacy Policy.

II.8. WARRANTIES AND DISCLAIMERS

Your use of the Site is at your own risk. The Site is provided by Us under these Terms of Service "as is" and "as available" without warranty of any kind, either express, implied, statutory or otherwise. We expressly disclaim any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, We make no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the Site will be corrected. We make no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by You will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that We will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used the Site, and no warranties shall apply after such period.

This section comprises following subsections:

1. USER MATERIALS
2. ORDERS, OFFERS, DELAYS
3. APPROVAL AND PAYMENT
4. OUR DELIVERY POLICY
5. PROTESTATION
6. OUR REFUND POLICY
7. LIMITED LIABILITY
8. WARRANTIES AND DISCLAIMERS

III.1. USER MATERIALS

A VS Order is placed as soon as You submit to Us some User Material through the Site or some other platform. You are responsible that:

• The format of the User Material conforms to VS Guidelines;
• The content of the User Material is error-free and conforms to VS Guidelines;
• Specified VS Voices are in conformance with the content of the User Material;
• The User Material does not contain any viruses or other harmful content.

Regarding all User Materials You submit to Us, You represent and warrant that: (i) You have all necessary rights to submit the User Materials to Us and grant Us the licenses set forth herein; (ii) We will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your User Materials; (iii) Your User Materials do not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your User Materials comply with these Terms of Service, our VS Guidelines and all applicable laws.

You may not submit any User Material that:

• Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
• Contains any pornographic, defamatory, or otherwise unlawful or immoral content;
• Describes unlawful acts or violent acts or exploitation of minors or violence towards animals;
• Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition;
• Violates any law, statute, or regulation.

Your User Materials remain Your property at all times. Notwithstanding, You grant Us a limited, non-exclusive, royalty-free license and right to copy, transmit, edit, transform, distribute and display (through all media now known or hereafter created), and make derivative works from Your User Materials for the purpose of producing VS Products based on Your VS Order and archiving or preserving Your User Materials for corrections, disputes, legal proceedings, or investigations. The above licenses will continue unless and until you explicitly ask Us to purge Your User Materials, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

We do not use User Materials for any purpose other than producing VS Products. We do not publicly display User Materials without first obtaining the User's written consent. We have implemented adequate safety measures to store User Materials. Notwithstanding, We do not represent and do not provide any warranty of any kind, either express, implied, statutory, or otherwise, that User Materials cannot be accessed illegally while in Our possession. It is Your responsibility to make sure that any User Material You submit to Us does not contain confidential, sensitive, or valuable information.

We disclose User Materials to our affiliates, contractors, and other third parties in order to provide You Our Services. You are solely responsible for editing or removing any confidential or personally identifiable information in Your User Materials if You do not wish to disclose such information.

We do not offer for sale or otherwise a VS Product to any third party other than the User who submitted the corresponding User Material unless We have obtained permission of the User to do so. We do not publicly display VS Products without first obtaining the User's consent. We have implemented adequate safety measures to store VS Products. Notwithstanding, We do not represent and do not provide any warranty of any kind, either express, implied, statutory, or otherwise, that VS Products cannot be accessed illegally while in Our possession.

If You allow Us to publicly display a VS Product based on Your User Material, You grant Us a worldwide, perpetual, royalty-free, irrevocable license to publish and display Your User Material and related VS Product in connection with operating, promoting, and improving Our Services. This license continues even if You stop using Our Services.

We may use and retain third party contractors to provide Our Service to You. As such, You agree that We may sublicense Our rights under this Agreement to third parties to act on Our behalf, provided that such third parties are contractually bound by terms no less protective of the User than these Terms of Service. We are solely responsible for paying and resolving all disputes with third party contractors.

In order to provide You and others the best possible Services, We may use your User Materials and related VS Products to generally improve Our Services (for example, fine tune Our turn around time estimates, or improve Our text-to-speech technology) and develop new products or services ourselves or in partnership with third parties.

III.2. ORDERS, OFFERS, DELAYS

Upon receiving a VS Order from You, We shall display at the Site a non-negotiable monetary offer to You for processing Your VS Order. This offer is based on Our count of characters in Your User Materials after editing Your User Materials to make the content accessible to automated processing, which means that the character count may differ from a character count in Your User Materials for human reading. Among other differences, digitally processible reading instructions and insertion codes are included in Our character count.

If We suspect, in Our sole discretion, that the order is not genuine, We may choose to ignore the VS Order without any notice or liability to You. We reserve the right to reject Your submission of a VS Order at any time and without any liability to Us if, in Our sole discretion, We are unable to process or fulfill Your VS Order.

Notwithstanding published estimates or any other notices at the Site, We do not guarantee that a VS Product will be ready for delivery within any time limit. Unless otherwise expressly agreed by Us, time is not of the essence for delivery or performance, and no delay shall entitle You to reject any delivery or ask for reimbursement. All delivery times (whether provided at the Site, in an order confirmation, or elsewhere) are estimates only and not a guarantee that any VS Product will be delivered by a given date or time.

Our system calculates offers in United States dollars, exclusive of duties and taxes, all of which shall be paid by You, if applicable. You may be able to make the VS Payment in a different currency than United States dollars. The VS Price you may be asked to pay may be adjusted caused by the increase or imposition of any tax, duty or other levy, or any variation in exchange rates ("EU Permitted Price Adjustments").

You confirm that all information provided by You when placing a VS Order is complete, accurate, and up-to-date so as to allow Us to fulfill Your VS Order, and You will promptly update such information to keep it complete and accurate. If You provide any information that is untrue, inaccurate, or incomplete, or if We have reason to believe that the information You provided is untrue, inaccurate, or incomplete, We may: (a) suspend or terminate Your account; (b) if permitted by applicable law, use electronic self-help means to terminate Your ability to access Our Services; and/or (c) terminate this Agreement.

In case we provide you an account to have exclusive access to certain parts of Our Services, You will maintain the confidentiality of Your password, verification code, user ID, and other account credentials. You shall immediately notify Us of any unauthorized use of Your account credentials, or any other breach of security that is known or suspected by You. Your use of such an account is personal to You. You shall not assign Your rights or delegate Your obligations under this Agreement, in whole or in part. As an entity, You may assign your rights, except when We forbid it in writing. This Agreement shall be binding on and inure to the benefit of all parties and their respective successors and permitted assigns who gain access to such an account.

III.3. APPROVAL AND PAYMENT

You are not obliged to take any offer displayed at the Site. Your payment obligation is contingent upon Your decision to download a VS Product. However, VS Payment in full shall constitute approval of an offer.

In respect of a VS Product (being digital content) which is available for download, You consent to immediate performance by Us once the download or streaming of the digital content has begun. No alterations or revisions of the VS Product are possible after such time.

We may reject the Service and reimburse you Your payment, in case We are unable to process or fulfill Your VS Order or We suspect that You are in breach of this Agreement.

We will apply gross-up calculation to the VS Payment. This means that the payment to Us must be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, duties, charges, fees, and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If You are compelled to make any such deduction, you will pay Us any additional amounts as are necessary to ensure receipt by Us of the full amount We would have received but for the deduction, so that you can access the VS Product that the VS Payment corresponds to. In case we fail to charge You taxes that are applicable in Your jurisdiction, You must report and pay those applicable taxes to the appropriate governmental agencies.

VS Samples shall remain in Our possession until VS Payment in full and You may not transmit, share, transform, distribute, display or sell VS Samples. VS Samples shall serve the sole purpose for You to evaluate the quality of the Service. We are not obliged to provide You VS Samples, and We may, at Our sole discretion, increase, decrease, or limit the amount (in terms of character count and how many VS Samples we create cumulatively per User) of VS Samples we create for You, at any time.

All intellectual property rights in the VS Product shall be assigned to the User who is in possession of the intellectual property rights of the submitted User Material, upon VS Payment in full and upon delivery of the VS Product, provided the User complies with these Terms of Service. All risk of loss for the VS Product shall also pass to the User upon delivery of the VS Product. You agree and by Your VS Payment explicitly acknowledge that for Your purchase of VS Products in the form of digital content, Our performance under the Agreement is completed upon delivery.

We, together with Our Merchant of Record Paddle.com, reserve the right to verify Your payments. You shall be responsible for any fraudulent or unauthorized transactions made through the Site, including, without limitation, using Your account credentials, credit card, debit card, or PayPal account. You hereby grant Us, including Our Merchant of Record Paddle.com, all rights available under applicable law, including, without limitation, the right to use electronic self-help means to terminate Your ability to access the VS Products, or otherwise repossess or reclaim the VS Products from You.

We do not store Your payment details, which means that You may be asked to enter all of Your payment details for every new or additional order you place with Us.

From time to time, We may, at Our sole discretion, offer free coupons, discounts, or other incentives to increase the use of Our Services. These will be advertised at the Site. We are not obliged to offer such incentives, and may decide to stop providing them at any time of Our choosing. We may stop providing such incentives, without obligation to inform You, as soon as we remove reference to such incentives at the Site.

III.4. OUR DELIVERY POLICY

Upon receipt of Your VS Payment, You will either be prompted to begin Your download immediately, or You will receive an e-mail from Us with instructions on how to complete Your VS Product download, or both. Your completion of the download will constitute delivery to You of the VS Product you purchased.

In case You are unable to download the VS Product you purchased, even after You received an e-mail from Us with instructions on how to complete Your VS Product download, or You received no such e-mail within an hour of Your VS Payment, You must Contact Us within five (5) days from the date of Your VS Payment so we can provide You alternative means of obtaining Your VS Product. If You do not contact us within five (5) days from the date of your VS Payment, the VS Product you purchased will be considered received, downloaded, and delivered to You.

III.5. PROTESTATION

Due to the nature of Our Services, errors may occur caused by Our technology or by You (for example because the User Material did not conform to VS Guidelines). You may protest a VS Product within thirty (30) days upon delivery, by email, stating clearly the defects that You believe are present and informing Us if You wish to receive a refund or are asking for a correction of the error(s). We will review the VS Product within a reasonable timeframe and reply to You by e-mail.

In case You wish to have Your VS Product corrected but it is determined that errors, as indicated by Your protest, are due to shortcomings in Your User Material itself, We may, depending on the nature of the problem and at Our sole discretion (i) reject re-working the User Material; (ii) advise You how to fix the erroneous parts of the User Material and re-submit a corrected version of the User Material; or (iii) fix the erroneous parts of the User Material and re-send the fixed VS Product to You free of charge.

If We are unable to resolve Your issue or complaint and if You are a consumer pursuant to the applicable law of this Agreement as it pertains to You and Your order, You also have the option to submit a complaint through the Online Dispute Resolution Platform of the European Union ("ODR"). Our contact email which You may include as part of Your ODR submission should be the one You used to communicate with Us.

III.6. OUR REFUND POLICY

If You are not satisfied with Your purchase and You wish to stop using the VS Product created for You in order to receive a refund, use Our Contact Form to write to Us within thirty (30) days upon delivery of the VS Product, entering into the form the email address You used when purchasing the VS Product and referring in the message to the unique file-identifier of the mp3 file You received as well as the date and time it was created (all of this information is available in your account).

Providing a reason for Your request is optional. You will receive a refund based on Our 30-day money back guarantee. Our refunds are handled by Our Merchant of Record Paddle.com.

Your request will be reviewed within five (5) Business Days standard response period. We reserve the right to extend the standard response time in exceptional cases with prior notice to You.

You will receive a refund based on the payment method used at the time of creating the VS Product. In case of Direct Debit, the refund request can be processed only after a six (6) week period from the payment date, period needed for Your bank process settlement to complete. We will only review and respond to Your refund request after these 6 weeks period ends. Credit / Debit Card payments typically take 3 to 5 working days to credit back into a customer’s account, upon review. PayPal refunds typically re-appear in a customer’s account within 48 hours of requesting the refund, upon review. Other payment methods will be refunded between five (5) to seven (7) days upon completion of Our review of Your request. If the VS Product was paid for by using on-demand credits, the refund will be processed within five (5) Business Days by returning the used-up on-demand credits to Your account.

If applicable, We reserve the right to hold the refund payment, until we receive a letter signed by You certifying to Us that You have destroyed all copies of the VS Product(s) that You wish to be refunded. We will notify You of such requirement, if applicable, in Our response email to Your refund request.

If You wish to have Your unused on-demand credits refunded, use Our Contact Form to write to Us, entering into the form Your email address registered with Us. The amount that corresponds to the current, minimum single item purchase price as posted at the Site is not refundable and will be deducted from the amount of any remaining on-demand credits before refunding. Any unused on-demand credits less than this value cannot be refunded. The value of any discount provided at the time of purchase of the on-demand credits will be deducted from the amount refunded. The refund for each separately purchased sum of on-demand credits will be processed separately and the aforementioned deductions apply to each such refund separately.

On-demand credits are registered to the email address that was used when purchasing them. They cannot be transferred to a different email address for security reasons.

Your refund request for on-demand credits will be reviewed within five (5) Business Days standard response period. We reserve the right to extend the standard response time in exceptional cases with prior notice to You. Credit / Debit Card payments typically take 3 to 5 working days to credit back into a customer’s account, upon review. PayPal refunds typically re-appear in a customer’s account within 48 hours of requesting the refund, upon review. Other payment methods will be refunded between five (5) to seven (7) days upon completion of Our review of Your request.

Free coupons are not refundable and will expire after their expiry periods. Each coupon can only be redeemed once, independent of its value, and will expire after such single use. The payment for a VS Product created by redeeming a free coupon cannot be refunded. If a coupon was issued upon payment for a VS Product and that VS Product is refunded upon Your request, the corresponding coupon will expire with the refund, unless it was already redeemed.

Please note that We may suspend or terminate Your access to the Site and/or Our Services, if We suspect an abuse of our refund policy, with or without notice to You.

III.7. LIMITED LIABILITY

Notwithstanding Your right to ask for a refund, We shall not be held liable, for any reason whatsoever, for a VS Product which You may find stylistically unsatisfactory, for example, because it sounds monotonous or mechanistic. Your evaluation of a VS Sample and/or Your VS Payment shall be considered to be definitive approval by You of the quality of a VS Product. Whatever the case may be, Our liability concerning a VS Product shall be limited to the amount of the VS Payment.

You agree to review all VS Products You receive before making them public, and You expressly agree that VSS will not have any liability or indemnity obligations to You based on VS Products if you fail to do so.

Defects present in one part of Our Services shall not be grounds, for any reason whatsoever, for questioning the entire Services.

We do not acknowledge any guarantee or condition related to Our Services offered, including all implicit guarantees and conditions regarding salability, suitability for a particular purpose, ownership, and non-violation of third-party rights. We shall not be liable, for any reason whatsoever, for special, indirect, or consequential damages or for any other damages of any type resulting from the loss of rights to use, loss of information, or lost profits, whether they result from the performance of a contract, negligence, or other detrimental actions, deriving from or in some way connected with Our Services.

III.8. WARRANTIES AND DISCLAIMERS

Our Services and VS Products are provided under these Terms of Service "as is" and "as available" without warranty of any kind, either express, implied, statutory or otherwise. You use Our Services and VS Products at Your own risk. We expressly disclaim any and all warranties of any kind, whether express or implied, to each and any service or product made available for sale by Us, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, We make no warranty that: (i) VS Products will meet your requirements; (ii) the quality of VS Products will meet your expectations; and (iii) any errors or defects in VS Products will be corrected. We make no representations or warranties that the sale of VS Products will be permitted in your jurisdiction, VSS will continue working with any particular system, supplier, contractor, or sub-contractor, or that VSS will continue to support any particular feature of Our Services or VS Products.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used Our Services, and no warranties shall apply after such period.