Terms of Service

Last Updated: 07 August 2024

These Terms of Service (“Terms”) are a legal agreement between you and Virtual Solutions LLC (“VirtualSolutions,” “we,” “us,” or “our”). By using our Services, you agree to be bound by these Terms. These Terms govern your access to and use of VirtualSolutions’:

• (a) The website located at vs.am and all associated web pages, websites, and social media pages (the “Website”).
• (b) The services (including applications) and products accessible via the Website or our application programming interfaces (APIs), or otherwise made available to you by us (collectively, the “Services”).

By agreeing to these Terms, except for certain disputes described in Section 12, you agree that disputes between you and VirtualSolutions will be resolved solely on an individual basis, without resort to any form of class arbitration, class action, or other representative proceeding. If you do not agree to these Terms, do not use our Services.

We may modify these Terms from time to time. The “Last Updated” date above indicates when these Terms were last revised. If we make changes, we may notify you by reasonable means, such as email, a notice through our Services, or an update to the date at the top of these Terms. The amended Terms will be effective immediately unless stated otherwise, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services immediately.

Eligibility and Use Restrictions

• (a) Age: You must be 18 years or older (or the age of legal majority in your jurisdiction) to use our Services. Individuals under the legal age may not access or use the Services.
• (b) Authorization: If you are using our Services on behalf of another person or entity, you represent and warrant that you have the authority to bind that person or entity to these Terms. In such cases, all references to “you” in these Terms will also include the person or entity you represent. You agree that if you or the entity you represent violates these Terms, both you and the entity will be responsible to us.
• (c) Use Restrictions: Your access to and use of the Services must comply with these Terms. Free Users may use the Services only for non-commercial purposes. Paid Users may use the Services for commercial purposes, but in both cases, your access and use of the Services and any Output must comply with the Prohibited Use Policy. Unauthorized use of the Services, including, but not limited to, commercial exploitation without appropriate authorization, will result in the termination of your access to the Services.

Personal Data

You may provide certain information to VirtualSolutions in connection with your use of our Services, and we may collect certain information about you when you access or use our Services. You agree to receive communications from VirtualSolutions via the email address or other contact information you provide in connection with the Services. You represent and warrant that the information you provide is accurate and up-to-date. For more details on how we collect, use, share, and process your information, please review our Privacy Policy. If you use the Services on behalf of an entity, you agree that the Data Processing Agreement governs VirtualSolutions’ processing of any personal data contained within the content you input into our Services.

Accounts

We may require you to create an account to access some or all of our Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. If your account is terminated or closed for any reason, you will forfeit any unused credits (including character credits) related to our Services associated with your account.

Content and Voice Models

• (a) Inputs and Outputs: You may provide content as input to our Services (“Input”) and receive content as output from the Services (“Output”). Inputs may include, without limitation, recordings of your voice, text descriptions, or any other content you provide. Your use of the Services, including providing Input and receiving Output, must comply with our Prohibited Use Policy. We may allow you to download Output from some Services, which you are permitted to use outside of the Services, but always in accordance with these Terms.
• (b) Voice Models: Some of our Services enable the creation of voice models that can generate synthetic audio resembling your voice or a voice you are authorized to share. To create a Voice Model, you may be required to upload audio recordings of your voice as Input. VirtualSolutions may use these recordings as described in subsection (d) below. We retain the right to use your voice recordings to provide and improve our Services and to develop new products. You may request the deletion of Voice Models created with your audio recordings through your account.
• (c) Rights to your Inputs: Except for the license you grant to us, you retain all rights in and to your Input. You may use your Input as you wish, provided it does not infringe on the rights of others or violate any laws.
• (d) License to Input: By submitting Input to our Services, you grant VirtualSolutions a perpetual, irrevocable, nonexclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and perform your Input to provide the Services, improve the Services, and develop new services and products. This license includes the right to use your voice and other personal attributes in providing and enhancing our Services.
• (e) License to Voice Models and Output: If you own or acquire any intellectual property rights in or to any Voice Models or Output, you grant VirtualSolutions a similar license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and perform the Voice Models and Output to provide and improve our Services.
• (f) Necessary Rights: You must have all necessary rights to grant us the licenses described in these Terms. You represent and warrant that the Content and Voice Models you create, and our use of them, will not violate any rights of any person or entity, including intellectual property rights or privacy rights.
• (g) Data Deletion and Opt-Out: You may request the deletion of your personal data as required under applicable law. You can also opt out of having your Content and Voice Models used to improve our Services by completing an online form. Once processed, your Content and Voice Models will no longer be used for these purposes, but any previous uses will remain unaffected.
• (h) Moderation: We do not undertake to review all Content, and we disclaim any obligation to do so. However, we may monitor, edit, or remove any Content that violates applicable law or these Terms, or that we find objectionable for any reason. We may also suspend or terminate your access to the Services if your Content is reasonably likely to violate these Terms.

Our Intellectual Property

• (a) Ownership: The Services, including all text, graphics, images, photographs, videos, illustrations, and other content contained therein, as well as all related intellectual property rights, are owned by VirtualSolutions or our licensors. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.
• (b) Limited License: Subject to your compliance with these Terms, VirtualSolutions grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for your personal or internal business purposes.
• (c) Trademarks: The name “VirtualSolutions” and our logos, product or service names, slogans, and the overall look and feel of the Services are trademarks of VirtualSolutions and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product names, and company names mentioned in connection with the Services are the property of their respective owners.
• (d) Feedback: Any Feedback you voluntarily provide may be used by VirtualSolutions for any purpose, including developing, enhancing, and improving our Services. VirtualSolutions will exclusively own any improvements or inventions that result from your Feedback. You understand that VirtualSolutions may treat any Feedback as nonconfidential and may use it without acknowledgment or compensation to you.

Subscription Services; Payment

• (a) Subscriptions: Access to certain Services may require enrollment in a subscription plan (“Recurring Subscription”). Your Recurring Subscription will automatically renew unless you cancel it or it is otherwise terminated. You authorize us to store your payment method information and automatically charge your payment method for the subscription amount without further action required by you. The subscription term will be provided when you make your purchase. If VirtualSolutions is unable to charge your payment method, we may suspend your access to the Services until payment is received. You may cancel your subscription through your account settings. Cancellations will take effect at the end of the current subscription period, and no refunds will be issued for any remaining period.
• (b) Other Usage Charges: If your usage exceeds the limits provided under your subscription plan, you will be charged overage fees as indicated when you subscribed. You authorize us to charge your payment method on file for these charges.
• (c) Payment: You represent that you have the right to use any payment method submitted in connection with a payment. We may receive updated information from your bank or payment processor about any payment method you have stored with us. You authorize us to charge your payment method, including any updated information, for any charges you incur. Verification of information may be required before completing any transaction.
• (d) Refunds and Exchanges: All sales are final, and refunds are provided only at our sole discretion.
• (e) Reservation of Rights: We reserve the right to impose conditions on the honoring of any coupon, discount, or similar promotion, to bar any user from making any transaction, to alter payment options for services, and to refuse to provide any Service to any user without prior notice.

Copyright Complaints

• (a) Our Policy: We comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws regarding copyright infringement. In accordance with our DMCA Policy, we may terminate the accounts of users who infringe on the intellectual property rights of others.
• (b) Reporting Claims: If you believe that any content on our Services infringes your copyright, you may notify VirtualSolutions’s designated agent by sending an email to [email protected].

Third-Party Services and Content

• (a) Third-Party Services: Our Services may rely on or interact with third-party products and services beyond our control, such as data storage services and communication technologies. These third-party services may impact the functionality and reliability of our Services.
• (b) Third-Party Content: We may provide information about or links to third-party products, services, or events, or allow third parties to make their content available through our Services. Your interactions with third parties are solely between you and them.
• (c) Monitoring: We have no obligation to monitor third-party services or content, but we may block or disable access to them at any time. Your use of third-party content or services may be subject to additional terms and conditions.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless VirtualSolutions and our officers, directors, agents, partners, licensors, employees, and agents from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to your use of the Services, your Content or Feedback, your violation of these Terms, your violation of any rights of another, or your conduct in connection with the Services. You will cooperate with VirtualSolutions in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. VirtualSolutions will have control of the defense or settlement of any third-party Claims at our discretion.

Disclaimers

Your use of our Services, including any content or materials provided, is at your sole risk. To the fullest extent permitted by law, our Services are provided “as is” and “as available” without warranties of any kind. VirtualSolutions disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that our Services will be uninterrupted, error-free, or free of harmful components.

Limitation of Liability

To the fullest extent permitted by law, VirtualSolutions will not be liable for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, even if VirtualSolutions has been advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these Terms or our Services is limited to the greater of $100 or the amount paid by you to use our Services in the 12 months preceding the claim.

Dispute Resolution; Binding Arbitration

Please read this section carefully. It requires you and VirtualSolutions to arbitrate certain disputes and limits the manner in which we can seek relief from each other. Arbitration precludes you and VirtualSolutions from suing in court or having a jury trial. You and VirtualSolutions agree that arbitration will be conducted on an individual basis and not as part of any class arbitration, class action, or other representative proceeding. You and VirtualSolutions are waiving the right to a trial by jury.

• (a) Informal Dispute Resolution: If you have a dispute with VirtualSolutions, you agree to attempt to resolve the dispute informally by contacting VirtualSolutions via email at [email protected]. If we cannot reach an agreement to resolve the dispute within 30 days, either party may submit the dispute to binding arbitration.
• (b) Disputes Subject to Binding Arbitration: All disputes that are not resolved informally, except for those that qualify for small claims court or relate to intellectual property rights, will be resolved through final and binding arbitration, administered by Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitrator will have the authority to grant any remedy that would be available in court, and the arbitration award may be enforced in any court with jurisdiction.
• (c) Opting Out of Arbitration: You may opt out of arbitration within 30 days of accepting these Terms by providing written notice to [email protected]. The notice must include your full name, mailing address, email address, and a clear statement of your intent to opt out of binding arbitration.

Governing Law

These Terms and any disputes related to them will be governed by the laws of the State of VirtualSolutions, except where U.S. Federal Law applies. If any dispute is not subject to arbitration, it will be resolved in the state and federal courts located in VirtualSolutions, and you agree to submit to the jurisdiction of those courts.

Modifying and Terminating Our Services

We reserve the right to modify, limit, suspend, or terminate the Services at any time without liability. This includes changes to pricing, payment terms, and availability of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Export Control

You are responsible for complying with U.S. export controls and any related laws. You represent that you are not located in a country subject to U.S. sanctions or on any U.S. Government list of sanctioned individuals.

Miscellaneous

• (a) No Waiver: VirtualSolutions’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
• (b) Entire Agreement: These Terms constitute the entire agreement between you and VirtualSolutions regarding the use of our Services, superseding all prior agreements.
• (c) Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• (d) Communication: Communications and transactions between us may be conducted electronically.

For any questions or complaints, please email [email protected].