Terms of Service

Last updated: January 4th, 2023

Please read these Terms of Service (“Terms”, “Terms of Service”, “ToS”) carefully before using or accessing any part of https://www.lovo.ai (“Website”) and other LOVO-related sites, apps, emails, social media pages, and other products and Services (“Services”) that state they are affiliated with LOVO, Inc. (“LOVO”, “Us”, “We”, or “Our”) or are being provided under these Terms of Service.

1. Introduction

1.1. Agreement

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.

You also agree that: (a) you must be the “Minimum Age” (described below) or older; (b) you will only have one account per each Service, which must be in your real name; and (c) you are not already restricted by LOVO from using the Services. Creating an account with false information or creating multiple/duplicate accounts is a violation of our terms, including accounts registered on behalf of others or persons under the Minimum Age.

“Minimum Age” means 16 years old. However, if the law where you reside requires that you must be older in order for LOVO to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age as designated by law.

1.2. Links to Other Websites

Our Services may contain links to third-party websites or Services that are not owned or controlled by us, including but not limited to, Facebook and Gmail.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or Services.

You further acknowledge and agree that we 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 websites or Services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or Services that you visit.

1.3. Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

1.4. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

2. Obligation

2.1. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party Services. You are responsible for anything that happens through your account unless you close it or immediately report misuse by contacting us at contact@lovo.ai.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2.2. Payment

If you buy any of our paid Services (“Subscription”), you agree to pay us the applicable fees and taxes, and to additional terms specific to the Subscription. Failure to pay these fees will result in the termination of your Subscription. Also, you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
Our payment processor may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay for other Services you may buy.
If you purchase a Subscription, your payment method automatically will be charged at either the start or end of each Subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

To prevent any confusion, make sure to read and understand the information on pricing, upgrades, downgrades, and other necessary information before purchasing a Subscription to any and all of our Services.

2.3. Cancellation & Refund Policy

You can cancel your Subscription at any time to stop the auto renewal of your Subscription.

If you decide to cancel your Subscription, you will still have access to your Subscription until the day of expiration and will be charged accordingly. You can also reconvene the auto renewal of your Subscription anytime before the Subscription expires.

If you are purchasing a Subscription for the first time, you are eligible for a refund only if:

you email Customer Support directly at contact@lovo.ai
you email within 24 hours of purchasing a Subscription
your usage is as follows, for the following Services:

LOVO Studio: 3 or less conversions and 0 downloads.
Genny: Voice generation time totals less than 10 minutes, and there have been 0 downloads.

If you have purchased a Subscription before as a recurring paid user, you are eligible for a refund only if:

you email Customer Support directly at contact@lovo.ai
the Account for the specific Service has never incurred any usage since the renewal of the Subscription.

Refunds for the Subscriptions to the following Services are not available:

LOVO API
DIY Custom Voice.

LOVO is not responsible for any bank charges, commissions, overdrafts, or fees levied by the bank or a payment processor. The only way to remove these charges is through direct negotiation with your bank.

3. Rights & Limits

3.1. Your License to the Services Regarding Your Content

You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, LOVO hereby assigns to you all its right, title and interest in and to Output. LOVO may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

3.2. Similarity of Content

Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for LOVO or a third party. For example, you may provide an input text that reads “Hi, nice to meet you”, and receive an output of a voice recording speaking the message. Other users may also input the same text, choose the same voice, and receive the same output. Output that are requested by and generated for other users are not considered your Content.

3.3 Use of Content, Information, and Feedback to Improve Services.

One of the main benefits of machine learning models is that they can be improved over time. To help LOVO provide and maintain the Services, you agree and instruct that we may use Content and other information to develop and improve the Services. We may also share this information with third parties solely for the purpose of improving the Services, and they will only be used for processing and not storage. We understand that in some cases you may not want your Content to be used to improve Services. You can opt out of having Content used for improvement by contacting contact@lovo.ai with your account information and the name of the Service you are registered with. Please note that in some cases this may limit the ability of our Services to better address your specific use case.

3.4. Services Availability

We will not materially decrease the functionality of the Services during your Subscription period and continue to provide the Services till the end your Subscription period. We may change, suspend or discontinue our Services however this will not affect any ongoing Subscriptions and we will continue to provide the same level of Services till the end of your Subscription period. LOVO will use commercially reasonable efforts to provide you the Services.

We don’t promise to store or keep showing any information and content that you’ve posted. LOVO is not a storage Services. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.5. Limits

LOVO reserves the right to restrict, suspend, or terminate your account if you breach this User Agreement or the law or are misusing the Services.

3.6. Intellectual Property Rights

LOVO reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

3.7. Use Rights, Commercial Rights & Resell Rights

During the term of your Subscription, you may use our Services for the usages permitted by your Subscription unless otherwise specified. The foregoing rights and licenses are conditioned upon your strict adherence to the terms and conditions hereof and any other applicable terms and conditions that LOVO may present.

“Commercial” means include any monetized, business-related uses such as videos, audio books, advertising, promotion, web page vlogging, product integration. Commercial rights do not include reselling or white labeling access to the Services to obtain re-sale or re-license to your customer or other third parties.

If you want to white label our Services to your customers, please contact us separately. Some examples of use cases that require separately authorized resell rights not included in any of the Subscription include web and mobile applications that resemble, access or provide a gateway to LOVO Studio or LOVO API’s core functionality for re-sale by you to third parties.

You may not use the Services for any illegal, immoral, or defamatory purposes.

3.8. Copyright Complaints

If you believe that your intellectual property rights have been infringed, please send notice to the email address below. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.

contact@lovo.ai

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

4. Custom Voice Cloning

If you create your own Custom Voice, additional terms and conditions shall apply. Please read them HERE.

By using Custom Voice Cloning Services offered by LOVO, you grant permission to LOVO and its affiliates to use the data you provided for research and development purposes to further improve the technology, products, and Services they offer. Any data, including sensitive personal information, will not be shared with 3rd parties unless for the purposes of research, development, and enhancement of technology and Services offered by LOVO and its affiliates.

5. Disclaimer and Limit of Liability

5.1. No Warranty

LOVO AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LOVO AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5.2. Limitations on Liability

LOVO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), DATA, OR DATA USE ARISING IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES.

LOVO’S MAXIMUM LIABILITY FOR ANY AND ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES OR A YOUR SUBSCRIPTION, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO LOVO FOR THE SERVICES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM LESS ANY REFUNDS OR CREDITS RECEIVED BY YOU FROM LOVO UNDER SUCH SUBSCRIPTION.

6. Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, 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 regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

7. Dispute Resolution

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

7.1. Mandatory Arbitration

You and LOVO agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by emailing contact@lovo.ai within 30 days of agreeing to these arbitration terms or the relevant changes.

7.2. Informal Dispute Resolution

We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against LOVO, you agree to try to resolve the dispute informally by sending us notice at contact@lovo.ai of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.

7.3. Arbitration Forum

Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. LOVO will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

7.4. Arbitration Procedures

The arbitration will be conducted by telephone, based on written submissions, or video conference, or in person in San Francisco, California or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide, including but not limited to issues relating to the scope, enforceability, and arbitrability of this Section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

7.5. Exceptions

This arbitration clause does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

7.6. No Class Actions

Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

7.7. Severability

If any part of this Section 7 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section 7 will be unenforceable in its entirety. Nothing in this Section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

8. General Terms

If a court with authority over these Terms finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms.

These Terms (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of these Terms, that does not mean that LOVO has waived its right to enforce these Terms or our Agreement with you. You may not assign or transfer (or your membership or use of Services) to anyone without our consent. However, you agree that LOVO may assign these Terms and our Agreement with you to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to these Terms.

These Terms do not create a partnership, joint venture, or agency relationship between you and LOVO or any of LOVO’s affiliates. LOVO and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent. You agree that the only way to provide us legal notice is at contact@lovo.ai

9. “Dos and Don’ts”

9.1. Dos

You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner; and
Agree and adhere to Terms of Service.

9.2. Don’ts

You agree that you will not:

Create a false identity on LOVO, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
Override any security feature or bypass or circumvent any access controls or use limits of the Service;
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of LOVO;
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
Violate the intellectual property or other rights of LOVO, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (ii) using the word “LOVO” or our logos in any business name, email, or URL without our express consent in writing;
Post anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Use bots or other automated methods to access the Services;
Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
Publish, post, upload, distribute, disseminate or submit material through the Services that is unlawful, profane, non-consensual, obscene, defamatory, indecent, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
Publish, post, upload, distribute or disseminate any, indecent or unlawful topic, name, material or information;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Harvest or otherwise collect or disclose information about other users without their consent;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); or
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

10. Contact Us

You may contact us at contact@lovo.ai for all inquiries.