Last update: 7th Jul 2022
Company name: Voicemod, Limited Company.
VAT number: B98657844
Registered office: Obispo Don Jerónimo 10, St., 46003, Valencia (Spain).
Registry details: Registro Mercantil de Valencia, Tomo 9835, Libro 7117, Foli 74, Hoja V-160921, Registration no. 1.
Email: support@voicemod.net.
Voicemod is the entire legal and beneficial owner and licensor of the Voicemod desktop software, and any other software, application, service or function associated through which we provide voice modulation or sound playback services, through algorithms and software services (“Voicemod Technology”) including audio-visual content/content services (“Voicemod Content”), which we make available to players, gamers, and any person willing to create their unique sound identity.
1.1 These general terms and conditions of use (hereinafter, the “Terms of Use”) along with any applicable additional product-specific terms, regulate the access to and use of the Voicemod software in any of its versions and any other software, application, service or function associated (“Voicemod Products”) with it provided by Voicemod, S.L. (hereinafter, indistinctly, “Voicemod” or “we“) that is not accompanied by its own particular conditions that replace them.
1.2 Please read these general terms of Use (“ToU”) carefully. This ToU sets out the terms and conditions governing the use of the Voicemod Products. These ToU, along with any additional product-specific terms, our Privacy Policy, Cookies Policy, Community and IP Guidelines (“Other Terms”), constitute the agreement between you and Voicemod, which sets out the basis on which you may access and use Voicemod Products.
1.3 By clicking “I Agree”, or proceeding with the download, and installation, as well as the use of Voicemod Products , you (hereinafter, “you” or “End User”):
1.3.1 acknowledge that you have read, understand, and agree to be bound by all of the terms and conditions of this ToU, any additional product-specific terms, and the Other Terms;
1.3.2 represent that you have the authority and capacity, as well as you are of legal age to enter into this ToU (including the Other Terms and all of the terms and conditions specified or referenced below), or if you are a minor, that your parents or legal custodian or guardian, also have read, understand, and agree that you are to be bound as, End User to the terms of this ToU and the Other Terms; and
1.3.3 agree that the End User is entering into this ToU with Voicemod, and “you” shall be construed accordingly.
1.4 Voicemod is exempt from liability in the event that false or erroneous information regarding the user has been communicated when filling out any application or download form. In all cases, the user and/or his or her legal representatives are responsible for this.
1.5 If you do not agree with all of the terms and conditions of this ToU or the Other Terms, or do not have authority to accept this ToU on behalf of the End User and/or to bind the End User to the terms hereof, do not click “I Agree”, or download, install or use Voicemod Products.
1.6 If you would like to contact us for any reason in connection with Voicemod Products, please contact us at support@voicemod.net.
1.7 Users of the Voicemod Products use different versions with different functions and contents, which can be free or paid. The current free version of the Voicemod software (available at voicemod.net) and associated services includes a real-time voice modulator with a limited free voice catalogue and limited functions. However, it is possible for the user to be able to access additional functions, contents and utilities not included, subject to the particular terms and conditions that govern those by means of PRO licence purchase or in-app content licence purchase. To that end the user would have payment options offered through different distributors. You must consult and, if you agree, accept the terms and conditions of each distributor.
1.8 Voicemod will offer its users the possibility to have the Voicemod software automatically updated. If you do not opt in for automatic updates, Voicemod shall inform its users about the new updates, as well as the consequences of not installing them. Voicemod will also provide them with the necessary instructions so that users can proceed to update the Voicemod software.
1.9 You acknowledge that in the event that you do not update the software provided by Voicemod within the period stipulated by Voicemod in the communication, Voicemod will not be held liable for any incompatibility issues, such as lack of smooth connection with other softwares, tool, apps, or social network and/or unsuitability and inability of the software to be used how as it had been used,you may experience. You also acknowledge that there may also be security risks due to the lack of updates.
1.10 We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. We will endeavour to notify you of any changes that are going to be made to these Terms reasonably in advance of the date on which such changes take effect and invite you to accept the new Terms. Please note that if you do not accept any new Terms we publish then you may no longer be able to access Voicemod Products.
1.11 These terms and conditions are governed by the principles of legality and good faith, so if you decide to install or use our softwares and services, you agree to do so in accordance with the law, morals, good customs and public order.
2.1 By using Voicemod Products you are granted with a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty free license to use Voicemod Products and a non-exclusive, non-transferable, fully paid-up, royalty free right to reproduce and use the Voicemod Content via Voicemod Products, with the right to make available your use and works derived from that use for the duration of this ToU.
3.1 Our softwares and services have been directed and oriented to users that have the capacity required by the legislation of their country of residence for subscription and use, in accordance with the policies, terms and conditions that govern them.
3.2 By registering, downloading and/or using our softwares and services you accept that you can form a binding agreement with us, that you are not prohibited or limited from contracting and using our softwares and services according to applicable legislation and that you will comply with these terms and with applicable legislation.
4.1 Voicemod Products are intended to be accessed by users who are at least 14 years old. If you are under 14 years old, you may not access or make use of Voicemod Products. If you are younger than 18 years old, you should read these Terms and the Other Terms with your parents or guardians to make sure that you understand and agree to be bound by them. By accessing or making use of the Voicemod Products, you are confirming to us that you are at least 14 years old. Your ability to access or make use of the Voicemod Products may be terminated without warning and without any liability to you if we have any reason to believe that you are younger than 14 years old.
5.1 There is currently no charge to access Voicemod Products. We may stop offering Voicemod Products free of charge at any time
5.2 In order to access Voicemod Products or some of its features, you may be required to register as a user of Voicemod Products. To register as a user, you may need to complete a registration form which will require you to submit an original username and your email address. You can also register as a user using your Twitch, Discord, Apple, and Google accounts. We reserve the right to refuse to accept any username and/or email address which we deem to be inappropriate (in our sole discretion) or which has already been registered for a different user.
5.3 Your account is personal to you and you are not permitted to transfer, lend or share your account with any other person. You agree to take all steps necessary to protect your account log in details and keep them secret. You agree not to give your login details to anyone else or allow anyone else to use your account.
5.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using Voicemod Products and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
5.5 If you breach any provision of these Terms or the Other Terms, your account may be terminated by us at any time without prior notice. If your account is terminated, your authorization to access Voicemod Products will also terminate.
5.6 If you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any content you have shared, purchased or accessed via your account.
5.7 You agree to comply with all reasonable instructions that we may give you from time to time regarding your use of Voicemod Products.
5.8 You are responsible for obtaining (at your own cost) all necessary devices and telecommunications services required to access Voicemod Products. You are also responsible for ensuring that no person uses your device to access Voicemod Products without your permission. We will be entitled to assume that anyone who accesses Voicemod Products using your device has your permission to do so and you will be responsible for all charges, costs and liabilities that may be incurred through the use of your account.
5.9 You agree that access to and use of the softwares and services you request, download or activate takes place freely and consciously, under your sole responsibility, and subject to these terms and conditions. Our softwares and services are offered “as is” according to their functionalities, for leisure and entertainment purposes, without any kind of guarantee regarding the suitability of the same and/or the contents included for particular or specific user profiles or purposes.
6.1 Access and use of the PRO licence, PRO Voicemod Content, and paid Voicemod content can be acquired through the purchase of a subscription license or a single-payment license through the authorized distributors of this service, as well as through in-app purchases (only for paid Voicemod Content). As indicated above, you must consult and, if you agree, accept the terms and conditions of each distributor.
6.2 Whichever version you purchase, your use of the Voicemod Products and services is subject to these general terms of use, without prejudice to any particular terms that accompany them or any specific terms that may be established by the operators and distribution platforms, especially with regard to their purchase, withdrawal or refund.
6.3 When you purchase a Voicemod subscription or license for the first time, you’ll need to validate such through an email with the purpose to let you enjoy your PRO version. Once a subscription or license is purchased you’ll be able to enjoy the PRO version and your acquired content, if any, on any device in which you sign-in. Please, bear in mind that although you’ll be able to authorize and use Voicemod services in multiple devices with your email address you won’t be able to use it simultaneously in all the devices.
6.4 The public prices of the licenses may be modified at any time, especially to incorporate improvements in the services or to update them to the conditions that may be established by the providers, platforms, marketers and partners involved in the services. Any modification will be published in the software itself and on our website.
6.5 If you have problems activating your Voicemod license, please contact us through our customer service: support@voicemod.net.
7.1 The VOICEMOD application can be downloaded for free from our website www.voicemod.net as well as from any other platform to which we authorize its publication and distribution in the future. Paid versions and features of the VOICEMOD application can be purchased through the purchase of a subscription license or a single-payment license through the authorized distributors of this service.As indicated above, you must consult and, if you agree, accept the terms and conditions of each distributor.
Whichever version you purchase, your use of the VOICEMOD application and services is subject to these general terms of use, without prejudice to any particular terms that accompany them or any specific terms that may be established by the operators and distribution platforms, especially with regard to their purchase, withdrawal or refund.
The first time you purchase a license for VOICEMOD, you will be asked to confirm your email address and a message will be sent to you with the license key code with which you can activate VOICEMOD and use all its features or alternatively the license will be directly associated with your user account. You must also confirm your email address when you purchase, subscribe or activate any application, utility, content or service. Subscriptions will be automatically renewed, but you can deactivate the automatic renewal through the options and links made available to you
The license on any version of VOICEMOD is only valid for one device, although it can be transferred to any other device. The use of the application requires access and connection to the Internet during its use.
The public prices of the licenses may be modified at any time, especially to incorporate improvements in the services or to update them to the conditions that may be established by the providers, platforms, marketers and partners involved in the services. Any modification will be published in the application itself and on our website.
If you have problems activating your VOICEMOD license, please contact us through our customer service: support@voicemod.net.
8.1 If you purchase a VOICEMOD license or any feature, content, utility or service, you will have a fourteen (14) calendar day refund period if you are not satisfied with your purchase. Includes purchases of content within Voicemod for Windows, such as independent voices, sound boxes or packages. The refund will be managed by the Voicemod support team upon request through our Support Form. When you purchase our products and services from distributors and other third parties you should check their refund policies. In the event that any legally binding provision requires any other more beneficial refund condition for the user, Voicemod will apply this one.
9.1 In order to help Voicemod in crafting, deploying and offering better sound services, we launched the Voicemod voice improvement project by which, if you opt-in, you will allow Voicemod to use samples of your voice to improve the quality of our voice filters.
9.2 This setting helps us to improve the quality of our voices by collecting and processing samples of your voice.
9.3 However, users will also be able to opt-out from this data collection and processing at any time regardless if they consented before to participate in the program.
9.4 You can find more information about this data processing in our Privacy Policy.
10.1 If you have downloaded or purchased any of our softwares in a legitimate manner, Voicemod grants you a personal and limited right to use them, consisting of a personal, worldwide, non-exclusive, non-transferable, revocable, non-sub licensable, limited and conditional license to use them, which authorizes you exclusively to access and use them for your own personal needs. The use of our softwares and services by any third party not authorized by Voicemod, as well as any use of the same for unauthorized commercial purposes, is expressly prohibited. You may not copy, reproduce, modify, distribute, exploit, market, sell, assign, loan or rent any of our softwares and services, or reverse engineer, decompile, disassemble, create derivative works from or attempt to extract the source code of the software, unless you have our written permission to do so or applicable laws prohibit such restriction.
10.2 As a user you will be able to download and install the updates, new features, functions and utilities that we may make available to you in the future, under the terms and conditions that accompany them.
10.3 The rights to the content that you generate, send, receive or store through our softwares and services will belong to you as the owner or authorized licensee and you will be responsible for it, authorizing us to host, store and manage it when necessary for the functionality of the softwares and services that you request from us and to provide you with these softwares and services.
11.1 When using Voicemod Products, you shall not:
11.1.1 sub-licence, assign or novate the benefit or burden of this ToU in whole or in part save as for permitted by Clause 5.1;
11.1.2 allow Voicemod Products and/or the Voicemod Technology to become the subject of any charge, lien or encumbrance;
11.1.3 access, store, distribute or transmit any viruses, or any material or otherwise act in a way, during the course of its use of Voicemod Products, Voicemod Technology and/or Voicemod Content that: is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; tries to gain unauthorized access to or disrupt any service, device, data, account or network; or is otherwise illegal or causes damage or injury to any person or property;
11.1.4 damage, misuse, overload or degrade Voicemod Products or the Voicemod services;
11.1.5 try to access or modify restricted areas of our computer systems or those of third parties;
11.1.6 other than as expressly permitted by applicable law and/or solely to the extent strictly necessary to exercise its rights under this ToU, reverse engineer, decompile, disassemble, reproduce, translate, modify, version, market, duplicate, transform, eliminate or transmit source codes or object codes to a private individual or legal entity, partially or entirely, through any means, whether it be mechanical, magnetic, or any other means, in respect of Voicemod Products or Voicemod Technology in whole or in part without our prior express written consent;
11.1.7 use Voicemod Products or Voicemod Content for integrating it in software applications that are or may be considered unlawful or immoral or that may harm our image;
11.1.8 modify or try to modify Voicemod Products or Voicemod Technology in any way or hinder our ability to gather and/or otherwise use the Voicemod Data (as defined in the Annex); or
11.1.9 deal in any other manner with any or all of its rights and obligations under this ToU.
9.2 You shall:
11.2.1 allow and assist Voicemod in monitoring such usage (described above), and other diagnostic information, in anonymised form;
11.2.2 notify us as soon as you become aware of any unauthorized use of Voicemod Products and/or the Voicemod Technology by any person; and
11.2.3 pay, for broadening the scope of the licenses and/or rights granted under this ToU to cover any unauthorized use, an amount equal to the fees which we would have levied (in accordance with its normal commercial terms then current) had it licensed or otherwise permitted any such unauthorized use on the date when such use commenced.
11.3 You shall permit us to inspect and have access to any records kept in connection with this ToU, for the purposes of ensuring that you are complying with the terms of this ToU, provided that we give you reasonable advance notice of such inspections, which shall take place at reasonable times.
11.4 We may at any time sub-licence, assign, novate, charge or deal in any other manner with any or all of our rights and obligations under this ToU.
12.1 Without affecting our other rights or remedies, we reserve the right to suspend your access to or use of Voicemod Products and/or Voicemod Content without notice in the event that you breach, or we reasonably determine that you have breached, applicable law, the present ToU, any additional product-specific terms, and the Other Terms. To the extent remediable, we shall promptly withdraw such suspension when you have remedied the applicable breach.
12.2 The above right includes the possibility to suspend or withdraw the Voicemod Pro license purchased by the user.
13.1 The user is the only owner or licensee or authorized holder of the information and contents incorporated, managed or sent through our softwares and services, as well as of their veracity, actuality, legality and legitimacy, for which reason he will be the only responsible before any third party for the damages or prejudices derived, directly or indirectly, from the use he makes of our softwares and services, as well as of these contents. Consequently, in accordance with these terms of use, Voicemod shall not be held liable for any damages of any kind and nature that may result from the use of our services and softwares by the user, and the user is therefore obliged to do whatever is necessary to keep Voicemod safe from any claims and liabilities of any kind and nature that may be required of it as a result of the above, including those related to public authorities, which the user shall assume exclusively. In the event that Voicemod is involved in any claim by a third party caused by the use of the softwares and services by the user, the user shall assume all costs generated by Voicemod’s legal defense against such claim, whether administrative, arbitral or judicial, including attorney’s and lawyer’s fees, compensation for witnesses or expert witnesses’ expenses, as well as the payment of any sanction or compensation that may be imposed and the compensation of any other damage that may be suffered by the user as a result of the claims made.
14.1 We will use reasonable endeavors to provide you with any maintenance releases generally made available to our customers. You agree to install all maintenance releases as soon as reasonably practicable once received. We do not guarantee that Voicemod Products will always be available or that it will be updated. You understand that we may suspend, restrict access to or discontinue Voicemod Products or make changes to Voicemod Products at any time for any reason or no reason without notice or liability to you.
14.2 We may also provide technical support for the use of Voicemod Products and/or Voicemod Content in accordance with our then current service level agreement.
14.3 We may provide additional Voicemod Content from time to time via Voicemod Products which may or may not be subject to additional charges.
15.1 Our applications and services, technical documentation, user’s manuals, texts, images, brands and other distinctive signs, graphics, logos and buttons, as well as their graphic representation, structure, selection, order and presentation of their contents, audio, files, databases and their own contents are protected by the laws and international treaties on intellectual and industrial property. The name, logo, commercial name and brand “Voicemod” are distinctive symbols owned by Voicemod. All rights to them are reserved to their respective owners, except for the rights of use granted to the user under these terms of use. Under no circumstances does access to our applications and services imply any kind of waiver, transfer, license or total or partial assignment of such rights or expectation of rights, unless expressly stated otherwise.
15.2 If you become aware of any infringement of your own or any third party’s copyright, please notify us at the contact address provided in these terms of use.
15.3 You acknowledge that all intellectual property rights in the Voicemod Content, Voicemod Data (as defined in the Annex), Voicemod Products, Voicemod Technology and any maintenance releases belong and shall belong to us or the relevant third-party owners (as the case may be), and you shall have no rights in or to the Voicemod Content, Voicemod Data (as defined in the Annex), Voicemod Products, Voicemod Technology or any maintenance releases other than the right to use it in accordance with the terms of this ToU. All intellectual property rights in any of your end user’s content belong and shall belong to your end user.
See Privacy Policy
See Cookies Policy
18.1 Security is a corporate objective for us, so we continually work to make our softwares and services safe for all users and reduce the risks associated with their use. However, no security measure that is currently installed is absolutely unbreakable, so we can not guarantee the absolute invulnerability of our systems or third parties, so we do not assume responsibility for damages of any kind and nature caused by third parties or that may be due to the presence of viruses or other elements that may cause alterations in the computer system (software and hardware), equipment, devices, content and files of the user or any third party.
18.2 The use of electronic data systems, electronic mail and the sending of messages through technological platforms and softwares via mobile networks and the Internet do not offer absolute guarantees of security, so our softwares and services should not be used to manage confidential, secret, critical or reserved information, insofar as they are not designed for this purpose or for use in hospital, military, critical infrastructure, essential services or other environments.
18.3 Voicemod may establish measures to control access to and use of its softwares and services, prevent unauthorized copying or attempt to prevent anyone from exceeding the rights and authorizations granted under these terms of use.
18.4 Access to and non-consensual use of our softwares and associated tools is the sole responsibility of the user.
18.5 As a user, you agree to make diligent use, where appropriate, of the passwords to our softwares and services, being responsible for the security and confidentiality of the same and having the obligation and sole responsibility to keep them and guard them in a safe place in order to prevent access to unauthorized third parties. You are responsible for the activities carried out with your account.
18.6 You may not create more than one account for yourself and you may not buy, sell or otherwise give away access to your account without our written permission.
18.7 You also agree to notify Voicemod as soon as possible of any incident that may result in a risk to the confidentiality of the information.
19.1 We continually strive to keep our softwares and services running continuously and error-free, but we cannot guarantee their absolute infallibility or uninterrupted operation, especially if they are affected by causes beyond our control.
19.2 The softwares and services are provided “as is” according to their description and functionalities, without warranties of any kind, either explicit or implicit, or their technical suitability for particular purposes. We cannot guarantee that our softwares and services are absolutely secure and infallible at all times, that they cannot present any errors, that they are compatible with softwares or services not expressly indicated in their description, that the services will function continuously and uninterruptedly, that the user’s information and content will be adequate and in accordance with these terms of use and current legislation, or that there will be no delay or interruption – especially when transmitting voice messages, given the technology used – especially if this is due to causes beyond Voicemod’s control.
19.3 We disclaim any liability for damages of any nature and kind that may arise from the lack of availability or uninterrupted continuity of the operation of our softwares and services due to causes beyond our control, the loss of profit or expected utility that their users could have attributed to them, or the fallibility of all as indicated above.
19.4 Voicemod shall not be liable for the inability to provide the service or the unavailability of the functions of our softwares if this is due to events beyond our control and beyond our wishes, including, but not limited to, disasters, fires, strikes, explosions, floods, labor disputes, terrorism, technical deficiencies, Internet sabotage or failure, or any other circumstances beyond our control and will.
19.5 Similarly, we do not assume responsibility for misuse or improper use of softwares and services by users or for content that users generate, store, send or receive through our softwares and services, so you understand and accept your potential exposure to content that could be offensive, false, illegal or inappropriate that we do not control and for which we are not responsible.
19.6 All characters, names, appearances, sounds and voices are entirely fictitious, thus no resemblance to any real persons shall be construed therefrom; thus Voicemod does not take responsibilities for any similarity to real people, fictional characters, registered trademarks, or otherwise protected elements.
19.7 If the laws in your country of residence do not allow any exclusion or limitation of liability under these terms and conditions of use, those exclusions and limitations will not apply.
20.1 Voicemod’s maximum liability for damages attributable to it is limited, in any case, to the price paid for the licensed software, service or content.
20.2 To the extent permitted by law, Voicemod, its directors, officers, shareholders, employees, licensors, suppliers and agents shall not be liable for any indirect, incidental, force majeure, consequential, special, punitive or multiple damages, or any loss of profit or revenue arising either directly or indirectly, or any loss of data, use, goodwill or any other intangible loss arising from any of these causes: a) Your access or use, negligence or inability to use our softwares and services; b) The conduct or content of other users or third parties on or through the softwares and services.
20.3 Nothing in these terms shall exclude or limit our liability which is not excluded or limited by law. If the law of the country in which you reside does not permit limitations of liability under these terms and conditions, such limitations shall not apply.
21.1 Without affecting any other right or remedy available to it, either party may terminate this ToU with immediate effect by giving written notice to the other party if the other party commits a material breach of any other term of this ToU and (if such breach is remediable) fails to remedy that breach within a period of 15 days after being notified in writing to do so.
21.2 Notwithstanding any other provision of this ToU, we shall be entitled to terminate this ToU at any time on written notice to you where: (a) you breach any of the terms of this ToU, any additional product-specific terms, and the Other Terms; (b) we deprecate or otherwise no longer provide Voicemod Products or any applicable software, or (c) where your usage of Voicemod Products is in our reasonable opinion contrary to this ToU and to the Other Terms.
21.3 Termination or expiry of this ToU shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the ToU which existed at or before the date of termination or expiry.
21.4 On termination for any reason: (a) all rights granted to you under this ToU shall cease; (b) you shall cease all activities authorized by this ToU (including but not limited to access and use of Voicemod Products and Voicemod Content); (c) you shall also uninstall Voicemod Products.
21.5 Termination of this ToU shall not affect the works you may create through or by using Voicemod Products. The rights of such are inherent and proprietary to you, and Voicemod holds no right upon these.
21.6 Any provision of this ToU which expressly or by implication is intended to come into or continue in force on or after termination of this ToU.
22.1 Third-party rights.
22.1.1 A person who is not a party to this ToU shall not have any rights to enforce any term of this ToU, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
22.2 Severance.
22.2.1 If any provision or part-provision of this ToU is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this ToU. If any provision or part-provision of this ToU is deemed deleted under Clause 18 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
22.3 Integrity
22.3.1 All the provisions of these terms of use constitute an indivisible set of all the conditions that you, as a user, must know and comply with. No addition to or modification of these terms of use shall be binding upon us unless it has been formally accepted by us. The declaration of inapplicability, nullity, invalidity or ineffectiveness of any aspect of these terms of use will not affect the validity, effectiveness and software of the remaining terms, which will remain binding on both you and us.
22.4 Entire agreement.
22.4.1 This ToU constitutes the whole agreement between the parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter. Each party acknowledges that, in entering into this ToU, they do not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to this ToU or not) (“Representation”) other than as expressly set out in this ToU. Each party agrees that the only rights and remedies available to them arising out of or in connection with a Representation shall be for breach of contract as expressly provided in this ToU. Nothing in this clause shall limit or exclude any liability for fraud.
22.5 Waiver.
22.5.1 No failure or delay by a party to exercise any right or remedy provided under this ToU or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
22.6 Communication.
22.6.1 Any communication that needs to be addressed to the user will be made at the address provided by the user or through the software or service itself, depending on the version purchased, and will be fully effective until the user communicates any other address for this purpose. These communications may refer to matters of importance and interest to you, such as modifications, updates, offers, promotions or incidents, so you should consult them regularly.
22.7 Applicable legislation
22.7.1 The relationship between us and you as a user of our softwares and services will be governed and interpreted, regardless of the conflicts that may arise, in accordance with the provisions of these terms of use and, insofar as they are not provided for, by Spanish law.
22.8 Resolution of conflicts: Jurisdiction
22.8.1 If you have any problem with any of our softwares or services, please contact us and we will do our best to solve it. Any conflict that may arise between us and you in relation to these terms of use will be tried to resolve it in good faith and in an amicable manner, before going to court to resolve it, as provided in these terms of use. However, if we cannot resolve it amicably, for the resolution of any conflict or dispute that may arise in the interpretation, software and enforcement of these terms and conditions or use of our softwares and services, to the extent that the law of your country of residence does not prohibit it, both you and we will submit exclusively to the jurisdiction of the Courts of the city of Valencia (Spain), expressly waiving the jurisdiction and competence that by law may correspond.
23.1 If you have any questions or need any clarification, you can contact us at: support@voicemod.net.
IMPORTANT: In the event of differences or contradictions between the versions of this policy published and/or translated into other languages, the English version will prevail in all cases.
© 2014 Voicemod, SOCIEDAD LIMITADA. ALL RIGHTS RESERVED
1. Interpretation
1.1 The definitions and rules of interpretation in this clause apply in this agreement.
| End Users | means any person making use of either Voicemod or the Voicemod Content |
| End User Content | means any audio content and/or files uploaded by the End User and processed through the VSDK; |
| Games | means the games listed in the Order Form, designed for WINDOWS OS devices; |
| Intellectual Property Rights | patents, utility models, rights to inventions, copyright and related rights, trademarks, marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all softwares for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world; |
| Maintenance Release | release of the VSDK that corrects faults, adds functionality or otherwise amends or upgrades the VSDK, but which does not constitute a New Version; |
| New Version | any new version of the VSDK which from time to time is publicly marketed and offered for purchase by the Supplier in the course of its normal business, being a version which contains such significant differences from the previous versions as to be generally accepted in the marketplace as constituting a new product, which shall be subject to additional fees; |
| Open-Source Software | open-source software as defined by the Open Source Initiative (http://opensource.org) or the Free Software Foundation (http://www.fsf.org); |
| Voicemo PRO | in compensation for any prices appointed by Voicemod and to be paid by the user, refers to the “premium” license with which users can have access to all the features, exclusive content and more ways to amplify their voice provided by Voicemod. |
| Virus | any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by rearrangingre-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; |
| Voicemod Data | has the meaning set out in Clause 12.2; |
| Voicemod Content | any audiovisual content provided by or made available by Supplier to Customer as well as any audio content that is generated by the VSDK through End User use (insofar as such content is not personal data); |
| Voicemod Technology | any of the gaming aimed services (in whichever form) developed and marketed by Supplier that allows for End Users to find their sound identity through AI based voice modulation, alteration algorithms and software services, made available through the VSDK (including any Voicemod Content made available); |
1.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.
1.3 Unless the context otherwise requires:
1.3.1 words in the singular shall include the plural and in the plural shall include the singular;
1.3.2 a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
1.3.3 a reference to one gender shall include a reference to the other genders; and
1.3.4 any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.4 In the case of conflict or ambiguity between any provision contained in the body of this agreement and any provision contained in the schedules, the provision in the body of this agreement shall take precedence.
1.5 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
1.6 References to clauses and Schedules are to the clauses and Schedules of this agreement and references to paragraphs are to paragraphs of the relevant Schedule.
1.7 The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
