Terms of Service

Consent

Using our app to do anything other than access the links to this "Terms of Service" page or accessing any page of our website other than our home page and this "Terms" page constitutes your consent to these terms of use. If you do not consent, do not use our website.

Your use of our website to do anything beyond simply accessing/viewing it (that is, uploading, downloading, commenting, etc.), constitutes not merely your consent, but also your electronic signature, meaning that you are contractually bound by these terms.

Content

You are solely responsible for the Content you post, publish, display, or otherwise make available on our Website, and for any action or omission that results from your use of the Services (including our Content or other user's Content), or the use by a person or an entity that you have authorized under your Account.

You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on our Website, or otherwise have the right to do so. Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable law and regulation, or infringe or misappropriate any rights of any person or entity. We may remove your Content at any time, at our sole discretion, if we have concerns about your Content.

By posting your Content or otherwise making it available on our Website, you acknowledge and agree that:

  • You own the Content you create, but you grant us a worldwide, royalty-free, and non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of such Content to provide Services and as otherwise permitted under these Terms and our Privacy Policy.
  • Your Content will be viewed by others, and as a result:
    • If you set your Content as public, you grant each User a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of your Content through our Services and functionalities.
    • If you set your Content as private, we will use reasonable and appropriate measures designed to keep your Content confidential and protected from unauthorized access or disclosure. However, we may access or share your private information pursuant to these Terms and our Privacy Policy.
  • When Content contains a reasonable and customary license notice (such as an open-source license), such Content should remain under the terms of that license when further accessed, distributed, or used. Neither party is permitted to remove reference to any such license.

You agree that any Content you download, access, or use from us or another User is at your own risk and subject to these Terms and/or the terms accompanying such Content.

Content Rules

These rules apply to all Content posted on ToneShift. Moderators consider context and intent while enforcing the community rules. Moderators may flag or remove content or users at their discretion.

Content Removal Criteria

  • Content depicting or intended to depict real individuals or minors (under 18) in a mature context
  • Content promoting illegal or violent activities, including, but not limited to:
    • illegal substances or product sales requiring permits/licenses (e.g., pharmaceuticals, narcotics, pets, firearms)
    • fraud, deception, or false impersonation
  • Content that is disrespectful, offensive, or promotes hate speech, discrimination, or harassment based on, but not limited to:
    • Religion or religious beliefs
    • Nationality, ethnicity, or race
    • Gender or sexual orientation
    • Disability or medical conditions
  • Content Duplication and false impersonation.
    • Content falsely labeled as having been created or endorsed by another creator, or impersonates another creator on the site.

If you believe your content has been removed unfairly, you can submit an appeal through our Appeal Form for further review by a team separate from the moderation team.

Intellectual Property

By uploading a file or other content or by making a review, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant ToneShift a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to ToneShift pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content ToneShift has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.

Use of ToneShift Content

By downloading a file or image or copying other user-generated content (UGC) from ToneShift, you agree that you do not claim any rights to it. The following conditions apply to your use of UGC:

  1. Personal, Non-commercial Use: You may use UGC for personal, non-commercial purposes, in addition to any other specific rights granted by the content creator or as permitted under these Terms.
  2. Fair Use: You may use UGC for anything that qualifies as fair use under copyright law, such as journalism (news, comment, criticism, etc.), provided that you include an attribute ("ToneShift" or "courtesy of ToneShift") next to where it is displayed.
  3. Risk and Warranty: Your use of UGC is at your own risk. ToneShift makes no warranties of non-infringement, and you will indemnify and hold ToneShift harmless from any copyright infringement claims arising out of your use of the UGC.

These conditions apply in addition to any specific license terms that may be provided by the content creator, and are not intended to limit or restrict any rights granted by such license terms. When Content contains notice of a reasonable and customary license (such as an open-source license), such Content is intended to remain under the terms of such license when further accessed, distributed, or used.

Indemnity

You are solely and exclusively responsible for your use of ToneShift.

In this regard, you agree to indemnify, defend and hold harmless us and Related Parties from all claims, liability, and expenses, including attorney's fees, arising out or in connection with your use of (or inability to use) the Services, including but not limited to your violation of these Terms, applicable law or regulation, any Content or data posted or used by you, or any other party's use of any Service with your credentials, unless arising directly from ToneShift's fraud, gross negligence, recklessness, or willful or criminal misconduct, provided that we provide you with (i) a prompt written notice of the claim, demand, suit or proceeding, (ii) sole control of the defense and settlement of the claim, demand, suit or proceeding, and (iii) all reasonable assistance and cooperation in connection with the defense and settlement of the claim, at its own expense.

Liability

Neither of us (or any of our affiliates, subsidiaries, contractors, licensors, officers, directors, agents, or employees ("Related Parties")) will be liable for any indirect, incidental, consequential, punitive, special, or other similar damages, including loss of revenue, profits, data, benefits, or savings, whether or not due to the fault or negligence of the company or related parties, and regardless of whether either of us or our related parties have been advised of the possibility of such damages or losses.

DMCA

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on ToneShift violates your rights, please contact us by emailing contact@toneshift.cc. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the Accounts of repeat infringers of this policy.

Disclaimer of Warranties

ToneShift's services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. TONESHIFT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER TONESHIFT TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, ToneShift HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. TONESHIFT DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON TONESHIFT.COM THAT IS NOT PRODUCED BY TONESHIFT, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

Your sole remedy for the loss of any services and/or of any images or other data you may have stored on ToneShift's service is to discontinue your use of our service. ToneShift WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, TONESHIFT'S SERVICES, EVEN IF TONESHIFT HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF TONESHIFT'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

Change

We have the right to change or otherwise update these Terms at anytime and without notice. All changes made to these terms are retroactive and apply to any and all users, content and communications, overriding any previously agreed upon terms.

The Services

  1. Access to AI Voice Models: ToneShift allows you to access and use artificial intelligence models to transform an audio file of your voice (or a third-party voice that you have been given the authority to use) into a voice that matches, mimics, and/or otherwise resembles the voice profile of a select library of other persons (such models, "AI Voice Models," and the resulting audio file, the "AI Model Output"). Your access to and use of these AI Voice Models will be subject to the specific license terms set forth on the applicable pages for such AI Voice Models on the Website.
  2. Training Custom AI Voice Models: ToneShift also allows you to create your own custom AI Voice Model ("Custom AI Voice Model") using audio voice files that you provide ("Provided Voice Files"). If you want to use the Services to create a Custom AI Voice Model, you will need to provide ToneShift with one or more Provided Voice Files, and hereby grant ToneShift a non-exclusive, royalty-free, fully paid-upright license to use, copy, reproduce, adapt, and transmit the Provided Voice Files solely for the purpose of providing and improving the Services. You acknowledge and agree that by granting this license, you are allowing ToneShift to create a means by which to imitate the voice in your Provided Voice File(s).
  3. Custom AI Voice Model Community Page: ToneShift also allows you to share your Custom AI Voice Model with other users of the Services via a community page on ToneShift ("Explore"). The Community Page will allow you to browse and use Custom AI Voice Models that other users have elected to share as well. You acknowledge and agree that we have the right to remove any Custom AI Voice Model from the Community Page in our sole discretion, including if we determine that a Custom AI Voice Model violates any applicable law or regulation.
  4. AI Music Separation Service: ToneShift provides an AI-based music separation service ("Music Separation") that allows users to separate music voice and vocals from audio files uploaded by the user. The AI Music Separation Service utilizes artificial intelligence algorithms to analyze and process the audio files, generating separate music and vocal tracks (collectively referred to as the "Separated Tracks").

Restrictions On Your Use of the Services

You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:

  1. impersonate somebody using the Services without their authorization, including by providing a Provided Voice File that you do not have authority to use to create a Custom AI Voice Model;
  2. duplicate, decompile, reverse engineer, disassemble, or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
  3. use automation software (bots), hacks, modifications (mods), or any other unauthorized third-party software designed to modify the Services;
  4. access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software, or routine that causes the same;
  5. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
  6. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
  7. use any robot, spider, crawlers, scraper, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
  8. introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
  9. submit, transmit, display, perform, post, or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
  10. violate any applicable law or regulation in connection with your access to or use of the Services; or
  11. access or use the Services in any way not expressly permitted by these Terms.

One-Time Payments and Sound Tokens

  1. One-Time Payments: ToneShift offers one-time payment options for certain services and features. By making a one-time payment through our payment processor, Stripe, you agree to be bound by Stripe's terms of service and privacy policy in addition to our own Terms of Use.
  2. Sound Tokens: ToneShift provides users with the option to purchase virtual currency, known as "Sound Tokens," which can be used to access and utilize specific features and services on the platform. Sound Tokens are non-refundable and have no monetary value outside of the ToneShift platform.
  3. Purchasing Sound Tokens: To purchase Sound Tokens, you must have a valid account on ToneShift and use one of the payment methods supported by our payment processor, Stripe. By making a purchase, you agree to be bound by Stripe's terms of service and privacy policy.
  4. Token Redemption and Usage: Sound Tokens can be redeemed to access certain premium features or services on ToneShift. The availability and specific use of Sound Tokens may be subject to change without prior notice.
  5. Non-Transferable: Sound Tokens are non-transferable and may only be used within your ToneShift account. You may not transfer, sell, or exchange Sound Tokens with other users or third parties.
  6. Token Value: Sound Tokens do not have any cash value and cannot be redeemed for monetary compensation, refunds, or credits outside of the ToneShift platform.
  7. Pricing and Taxes: The pricing of Sound Tokens is subject to change without prior notice. The final price you pay may include applicable taxes and fees based on your location and the relevant tax laws.
  8. Refunds and Disputes: All purchases of Sound Tokens are final, and no refunds will be provided except as required by applicable laws or regulations. If you believe there has been an error in a Sound Token purchase or experience any payment-related issues, please contact our customer support team.
  9. Termination or Suspension: ToneShift reserves the right to terminate or suspend your access to Sound Tokens or your account at its sole discretion if we suspect any misuse or violation of our Terms of Use, including attempts at fraudulent or unauthorized access to Sound Tokens.

Definitions

"Us/we" Refers to ToneShift and its operators. "You" Refers to any user that has accessed this site with any intention other then viewing this TOS. "Content" Refers to any review, image, file, or link uploaded to or accessed from this site.