ARBITRATION NOTICE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND MURF AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MURF WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.
1.1 User Agreement
You agree that by clicking “Create an Account”, “Sign in with Google”, “Login with Facebook” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Murf Inc. (even if you are using our Services on behalf of a company). If you do not agree to these terms of service (“TOS” or “User Agreement”), do not click “Create and Account” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this User Agreement at any time you can do so by closing your account and no longer accessing or using our Services.
This User Agreement applies to https://murf.ai/ (“Site”) and other Murf-related sites, apps, communications and other services that state that they are offered under this User Agreement (“Services”), including the offsite collection of data for those Services.
To use the Services, you agree that: (a) you must be the “Minimum Age” (described below) or older; (b) you will only have one Murf account, which must be in your real name; and (c) you are not already restricted by Murf 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 law requires that you must be older in order for Murf to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
You agree to: (a) use a strong password and keep it confidential; and (b) not transfer any part of your account. You are responsible for anything that happens through your account unless you close it or immediately report misuse by contacting us at firstname.lastname@example.org.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Enterprise accounts), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
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).
- We 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 other Services you may buy.
- If you purchase a Subscription, your payment method automatically will be charged at the start 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.
2.4 Changes to the Price and Subscription Plans
We may change our subscription plans and the price of our Services from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
- Payment obligations are non-cancelable and fees paid are non-refundable unless otherwise provided in this section.
- If you choose to cancel your Subscription during a Subscription period, you may use the Subscription until the end of your then-current Subscription period or renewal period, but will not be issued a refund for the most recently charged fees.
- Payments made against one-time packs or Subscriptions that have been: (i) bought more than 24 hours ago, or (ii) used for more than 10 minutes of text to speech conversion are not eligible for refunds. If you have bought a Subscription or a one-time pack within the last 24 hours and your account usage is less than 10 minutes of voice generation time, you can write to us with a refund request at email@example.com.
2.6 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (a) within the Service, or (b) sent to the contact information you provided us (e.g., email). You agree to keep your contact information up to date.
3. Rights and Limits
3.1. Your License to the Service
As between you and Murf, you own the content and information that you submit to the Services, and you are only granting Murf and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice or compensation to you or others. These rights are limited in the following ways:
- This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your information and content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services (“Third Parties”), solely for the purpose of providing such Services. Your content and information is made available to Third Parties only for processing and not storage.
- You can end this license for specific content by deleting such content from the Services, or generally by terminating your account, except (i) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it, and (ii) for the reasonable time it takes to remove from backup and other systems.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Murf, you agree that Murf can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful.
3.2 Service 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 service till the end of your Subscription period.
Murf reserves the right to restrict, suspend, or terminate your account if you breach this User Agreement or the law or are misusing the Services.
3.5 Intellectual Property Rights
Murf 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.
4. Confidentiality and Special Features
We treat the content and information that you submit to the Services in accordance with this User Agreement (“Your Information”) as confidential. We will not, without your consent, use Your Information other than as provided in this User Agreement or disclose Your Information to any third party other than to our officers, directors, employees, agents, assigns, consultants, contractors, service providers, representatives or affiliated entities who need to access Your Information and who are required to protect the confidentiality of Your Information. We will use at least reasonable care to protect the confidentiality of Your Information.
Confidentiality obligations will however not apply to Your Information:
- that is known to us, prior to receipt from you, or is obtained from a source other than one having an obligation of confidentiality to you;
- that has become known (independent of disclosure by you) to us directly or indirectly from a source other than one having an obligation of confidentiality to you; or
- that has become publicly known or otherwise ceases to be secret or confidential, except through a breach of this section by us, including if you designate a Your Information as “public” or post such information or content in a public area of the Site.
4.2 Voice Cloning
Voice cloning is a feature of Murf that allows you to use Cloning Voices to synthesize voice recordings that sound like a Consenting Speaker by typing the new words. A “Cloning Voice” is an AI model trained on voice recordings of a Consenting Speaker. A “Consenting Speaker” is a person (including you) who has given explicit consent to use recordings of their voice to train a Cloning Voice and to synthesize and otherwise use their voice as describe herein.
You may create new Cloning Voices by submitting voice recordings of a Consenting Speaker as training audio (“Training Audio”). By submitting Training Audio to Murf, you consent (and represent and warrant that you have obtained the consent of any third-party Consenting Speakers) to our use and storage of the audio recordings and voices you submit as follows:
- to use your voice, and the voice of any third-party Consenting Speakers, to train a Cloning Voice, to synthesize and otherwise use such voices as describe herein, and to otherwise operate the Service;
- as part of our research datasets to analyze, maintain, and improve our voice technology, and other technology, and for other research and development and data analysis purpose, provided that if we add your Training Audio to our research datasets, we first anonymize the data so it is no longer associated with your account. Please write to us at firstname.lastname@example.org if you would like to opt of the use of your data for this purpose;
- Murf employees and contractors workers may listen to audio samples of your Training Audio and your synthesized audio in order to test the quality of your Cloning Voice; and
- Murf employees may use your Cloning Voice to create a series of non-defamatory utterances, solely for internal quality assurance purposes.
You agree that you will only submit audio of Consenting Speakers. The submission of a third party's unauthorized voice recordings as training audio or otherwise is expressly prohibited, and you represent and warrant that you will not submit any recording to Murf that contains the voice of any speakers that have not explicitly consented to have their Cloning Voice created and to have their voices synthesized and otherwise used in the manner described herein.
5. Commercial Rights; Third-Party Content and Services; and Publicity
5.1 Commercial Rights
You can use Murf created voices for commercial purposes. You can also distribute or otherwise make available to third parties who intend to use Murf created voices for commercial purposes. You however agree that Commercial Rights (defined below) are not resell rights and you cannot resell or offer to resell Murf's offerings to any third-party.
“Commercial Rights” means any use of Murf created voices in business related uses that directly or indirectly derives a commercial benefit or financial gain.
5.2 Third-Party Content and Services
Murf may include or provide access to third party data, information and content, including from other users of Murf (collectively the “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness or non-infringement. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content, or for any use thereof in connection with Murf, and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.
5.3 Publicity Rights
You grant Murf the right to identify Yourself/Your organization as Murf's customer on Murf's websites and/or marketing collateral and to include Your/Your organization's use of the Services in case studies.
6. Disclaimer and Limit of Liability
6.1 No Warranty
MURF 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, MURF 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.
6.2 Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS MURF HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS USER AGREEMENT), MURF, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS USER AGREEMENT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR THIRD-PARTY POLICIES (SUCH AS YOUTUBE REFUSING TO ALLOW MONETIZATION OF VIDEOS WITH SYNTHESIZED VOICES OR ACX DECLINING TEXT TO SPEECH BASED AUDIO BOOKS) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
MURF AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS USER AGREEMENT FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO MURF FOR THE SERVICES DURING THE TERM OF THIS USER AGREEMENT, IF ANY.
6.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 6 are part of the basis of the bargain between you and Murf and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Murf or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this User Agreement and to the extent that they are typical in the context of this User Agreement.
Both you and Murf may terminate this User Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Sections 6, 8, 9, 10 and 11.2 of this User Agreement; and
- Any amounts owed by either party prior to termination remain owed after termination.
8. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND MURF AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
- Applicability of Arbitration Agreement. In this Section 8 (the “Arbitration Agreement”), You and Murf agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to this User Agreement or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Murf are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of this User Agreement. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of this User Agreement, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this User Agreement. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Murf. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the User Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Murf.
- Waiver of Jury Trial. YOU AND MURF WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Murf are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Murf over whether to vacate or enforce an arbitration award, YOU AND MURF WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 8.
- Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
- Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Murf can force the other to arbitrate. To opt out, you must notify Murf in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and the email address you used to set up your Murf account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must email your opt-out notice to: email@example.com.
- Small Claims Court. Notwithstanding the foregoing, either you or Murf may bring an individual action in small claims court.
9. Governing Law and Dispute Resolution
Except to the extent they are preempted by United States federal law, the laws of Delaware, other than its conflict-of-laws principles, govern this User Agreement and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to this User Agreement or their subject matter.
To the extent that this User Agreement allow you or Murf to initiate litigation in a court, both you and Murf agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to this User Agreement or the use of the Services will be litigated exclusively in federal and state courts in the state of Delaware, United States of America. You and Murf consent to the personal jurisdiction of courts in the state of Delaware, United States of America.
10. General Terms
If a court with authority over this User Agreement 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 this User Agreement.
This User Agreement (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 this User Agreement, that does not mean that Murf has waived its right to enforce this User Agreement. You may not assign or transfer this User Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Murf may assign this User Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this User Agreement.
You agree that the only way to provide us legal notice is at the address provided in Section 13.
11. “Dos and Don’ts”
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; and
- Use the Services in a professional manner.
You agree that you will not:
- Create a false identity on Murf, 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 Murf;
- 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 Murf, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (ii) using the word “Murf” 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).
12. Claims regarding copyright infringement
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Murf has implemented procedures for receiving written notification of claimed infringements. Murf has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains:
- An electronic or physical 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;
- A description specifying the location on our website of the material that you claim is infringing;
- Your email address and your mailing address and/or telephone number;
- 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 information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that any notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice.
Please submit your notice to Murf Inc.’s Designated Agent at: firstname.lastname@example.org.