1. Acceptance of Terms
By accessing or using OneBudd's voice AI platform, APIs, SDKs, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Services. We reserve the right to update these Terms at any time. Continued use of the Services after changes constitutes acceptance of the modified Terms.
2. Description of Services
OneBudd provides a unified voice AI infrastructure platform that includes:
- Speech-to-text (STT) transcription services
- Text-to-speech (TTS) synthesis services
- Large language model (LLM) orchestration
- Persistent memory and context management
- APIs, SDKs, and developer tools
- Documentation and technical support
We may modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice when possible.
3. Account Registration
To access certain features of the Services, you must create an account. You agree to:
- Provide accurate, current, and complete registration information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
4. Acceptable Use Policy
You agree not to use the Services to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit malicious code, viruses, or harmful content
- Engage in unauthorized access, hacking, or security circumvention
- Send spam, unsolicited communications, or deceptive content
- Infringe on intellectual property rights
- Process voice data without proper consent from speakers
- Create voice clones or deepfakes without authorization
- Impersonate individuals or entities
- Harass, abuse, or harm others
- Interfere with or disrupt the Services
- Reverse engineer, decompile, or attempt to extract source code
- Exceed rate limits or abuse API access
5. Voice Data and Content
5.1 Your Content
You retain ownership of all voice data, audio content, and other materials you submit to the Services ("Your Content"). By using the Services, you grant us a limited license to process, store, and transmit Your Content solely to provide the Services.
5.2 Consent Requirements
You represent and warrant that you have obtained all necessary consents, permissions, and rights to submit voice data to the Services. This includes consent from all individuals whose voice is processed through our platform.
5.3 Prohibited Content
You may not submit content that is illegal, defamatory, harassing, threatening, pornographic, or otherwise objectionable. We reserve the right to remove any content that violates these Terms.
6. Pricing and Payment
6.1 Fees
The Services are offered on a usage-based pricing model. Current pricing is available on our website. We reserve the right to modify pricing with 30 days' notice for existing customers.
6.2 Billing
You agree to pay all fees associated with your use of the Services. Fees are billed monthly based on actual usage. Payment is due within 30 days of invoice date.
6.3 Taxes
All fees are exclusive of taxes. You are responsible for any applicable taxes, except for taxes based on our net income.
6.4 Late Payment
Late payments may incur interest at 1.5% per month or the maximum rate permitted by law. We may suspend Services for accounts with overdue balances.
7. Intellectual Property
7.1 Our Property
The Services, including all software, APIs, documentation, trademarks, and other materials, are owned by OneBudd and protected by intellectual property laws. These Terms do not grant you any ownership rights in the Services.
7.2 License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.
7.3 Feedback
If you provide feedback, suggestions, or ideas about the Services, we may use them without obligation or compensation to you.
8. Confidentiality
Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information, but no less than reasonable care. Confidential information includes API keys, pricing terms, and any information marked as confidential.
9. Service Level Agreement
We strive to maintain 99.9% uptime for our Services. Specific service level commitments, credits for downtime, and support response times are detailed in our Service Level Agreement, available to customers on paid plans.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or completely secure. You use the Services at your own risk.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONEBUDD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless OneBudd and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your Content or voice data
- Your violation of these Terms
- Your violation of any third-party rights
13. Termination
13.1 Termination by You
You may terminate your account at any time by contacting us or using the account cancellation feature. You remain responsible for any fees incurred before termination.
13.2 Termination by Us
We may suspend or terminate your access to the Services if you violate these Terms, fail to pay fees, or if we believe such action is necessary to protect our Services or other users.
13.3 Effect of Termination
Upon termination, your right to use the Services ends. We may delete your data after a reasonable retention period unless legally required to retain it.
14. Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles.
14.2 Arbitration
Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware.
14.3 Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and OneBudd regarding the Services.
15.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
15.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
16. Contact Information
For questions about these Terms of Service, please contact us:
- Email: legal@onebudd.com
- General Inquiries: hello@onebudd.com