Published on September 28th, 2023
What's covered in these terms
The purpose of these Terms of Service is to determine what you can expect from us and what we expect from you.These Terms of Service define Wondercrafts’ relationship with you. They outline the laws that apply to us as a service provider and set out some rules for interacting with our Services that we ask you to follow. Below you’ll find an overview of the sections contained in these terms and what they are about:
- About these terms, which provides an overview of the document
- Your relationship with Wondercraft, which explains how our Services work and outlines our relationship as user and service provider
- Using Wondercraft’s services, which explains in more detail the rules for engaging with our Services
- Payment, term and termination, which explains how we charge for our Services and how you can opt out of using them
- In case of problems and disagreements, which explains how we will handle disputes
- EEA instructions on withdrawal, which explains how EEA-based users can withdraw from our Services
- Definitions, which contains a glossary of key terms used in these terms
We strongly encourage you to read these terms because by accessing any of our Services, you confirm that you have read, understood, and agreed to be bound by these Terms of Service.
About these terms
The law gives you certain rights that can’t be limited by a contract like these terms of service and we do not intend to limit your rights in any way. These terms outline the relationship between you and Wondercraft. They do not create any legal rights for other people or organizations, even if others benefit from that relationship under these terms. Not all Services mentioned in these terms may be available in your country. If you don’t follow these terms and we don’t take action immediately, that doesn’t mean that we’re giving up any rights that we may have, such as taking action in the future. We may update these terms to reflect changes in our Services or how our business works. For example we may update these terms:
- When we introduce new features, services, technologies, pricing (or remove old ones)
- For legal or regulatory reasons
- For security reasons
- To prevent abuse or harm
If you don’t agree to the new terms you should stop using our Services. You can also end your relationship with us at any time by closing your account.
There may be information on our Site that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any information on our Services without prior notice.
These terms apply to all users. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, this will not affect the validity of any other terms. Specific provisions relevant for residents of the US, EU and UK are provided where relevant.
Wondercraft operates under Wondercraft Inc which is registered in the State of Delaware. We have our registered office at 251 Little Falls Drive, Wilmington 19808, US. Our mailing address is 1111B S Governors Ave STE 6479 Dover, DE 19904. Our VAT-ID number is 88-3401889.
If you are a minor, you must have your parent or legal guardian’s permission to use our Services. Please have your parent or legal guardian read these terms with you. If you are a parent or a legal guardian, and you allow your child to use our Services, then these terms apply to you and you are responsible for your child’s activity while they use our Services
Your relationship with Wondercraft
These terms establish your relationship with us. In general, we give you permission to use our Services if you agree to follow these terms which set out how our Services work and how we earn money from them. When we speak of “Wondercraft”, “we”, “us”, and “our”, we mean Wondercraft Inc. and its Affiliates. When we speak of our Service or Services we mean the features and functionality we provide, among them text-based podcast generation.
What you can expect from us
Develop, improve, and update Wondercraft services
We constantly develop our technology and features to improve our Services. As part of this we may add or remove features, modify usage limits, as well as offer new services or end those previously offered. We may also make changes to our Services to:
- prevent abuse or harm
- respond to legal, regulatory, safety or security issues
- respond to changes in the licenses and partnerships we have with others
- adapt to new technologies
- adapt to changes in the number of people who use our Services
We will also update our Services to comply with relevant laws and regulations. You can expect us to meet the legal safety standards. We may also automatically update our Services to counter high safety or security risks.
Our Service is provided on an as-is and as-available basis. We continuously update our Services and we do our best to keep them working as expected. However, due to the nature of machine learning and other factors, we cannot guarantee our models will always produce the output you intended - your Generated Content can sometimes contain errors, mispronunciations and unintended artefacts.
We may monitor our Services for violation of these terms and we may take appropriate action against anyone who, in our judgment, violates the law or these terms. For example we may refuse or restrict access (including but not limited to blocking certain IP addresses) to our Services and the Files you Upload to it, and we may also take other actions aimed at protecting our rights or property or to facilitate the proper functioning of our Services.
The content you upload / generate and your intellectual property
To avoid any doubt, we claim no Intellectual Property Rights over the Files you Upload or the Content you Generate using our Services, including the recordings of your own voice, and we will not use the Files you Upload to independently generate any content. We will also not use any of your Generated Content without your permission for purposes other than listed in ’License and your Intellectual Property” section below. We do reserve the right to highlight your work on our channels with proper attribution. We store and process your Files with security measures in place to prevent unauthorized users from having access to them. The Files you Upload are processed automatically and they can be deleted at your request but they cannot be returned to you (we do not offer a data storage service).
Modifications and interruptions
We cannot guarantee our Site or Services will be available at all times. We may experience hardware, software, or other problems and we may also need to perform maintenance related to our Services which may result in interruptions, delays or errors. We may also need to modify, suspend or stop offering our Services without notifying you. For users subscribed to plans that are free of charge we reserve the right to modify, suspend or stop offering our Services for any reason and without notice. For users subscribed to paid plans: we will notify you in advance of making changes to our Services which may adversely impact your use of them.
EU Specific If you’re an EEA-based Consumer, you can also withdraw from these terms within 14 days of accepting them. Please see EEA Instructions on Withdrawal for more specific information.
What we expect from you
Follow these terms and service-specific additional terms
In general, we give you permission to use our Services if you agree to follow these terms. For more information on how to use specific Services safely, please arrange a call with the team by contacting email@example.com. Although we give you permission to use our Services, we reserve our Intellectual Property Rights that we have in them. This includes, for example, all source code, databases, functionality, software, technology, videos, website designs text and graphics contained in our Services, as well as their design and arrangement. This also includes our trademarks, trade names and logos. We ask you not to copy, reproduce, republish, upload, publicly display, distribute, sell, license or use any parts of our Services described above for commercial purposes. You must not use any part of our Services or their output to research and develop products, models and services that compete with Wondercraft. Provided you have the necessary intellectual property rights in the Content you Generate with our Services, you may use this Generated Content for commercial purposes.
Respect others and the rules
We want to maintain a respectful and safe environment for all users and we ask you to follow these basic rules of conduct when using our Services:
- Respect the rights of others, including their Intellectual Property Rights, publicity rights and Copyright
- Do not abuse or harm others or yourself, for example by misleading, defrauding, illegally impersonating, defaming, threatening, bullying or harassing others
- Do not abuse or interfere with our Services, for example by means of malware, spamming, hacking or bypassing our systems or protective measures.
By using our Services, you confirm that:
- You have the capacity to agree to these terms and that you do so
- You are not a minor in the jurisdiction in which you reside, or if you are a minor, that you have parental permission to use our Services
- You will not use our Services for any illegal or unauthorized purpose
- Your use of our Services will not violate any applicable law or regulation
- You will not access our Services other than our Public API by automated means, such as using a bot or script
See below for more information on prohibited activities.
Permission to use Your Content
In general, our Services let you upload audio files and generate audio content. But you do not have to provide any files to our Services and you are free to choose the files that you want to upload. If you choose to upload content with the intention of sharing the content you generate using that content, please make sure you have the necessary rights to do so and that you share your generated content lawfully.
License and your Intellectual Property
Your Content is yours and you retain the Intellectual Property Rights that you have in Your Content. This includes both the Files you Upload to our Services and the Files you Generate using our Services. Should we want to licence your content, we will need your permission.
If you are a Business looking to commercialise the IP created using our platform, you will need to cover an additional monthly fee of $395. The fee only applies for the months that you have an active subscription. Should you cancel the subscription, the IP belongs to you, and the fee does not apply. For smaller business, a discount or a completely foregoing of the fee may apply. Please reach out to firstname.lastname@example.org under the subject
Small Business Fee Waiver to discuss this.
If you are an Individual or Business that is looking to leverage the Wondercraft platform for generating podcasts for your own clients, the same fee of $395 fee applies. The fee only applies for the months that you have an active subscription. Should you cancel the subscription, the IP belongs to you, and the fee does not apply. For smaller business, a discount or a completely foregoing of the fee may apply. Please reach out to email@example.com under the subject
Small Business Fee Waiver to discuss this.
Using Wondercraft services
Account creation and starting to use the services
In order to use certain features of our Services, you may be required to register with our Services and create a user account by providing an email address and a password. As an alternative way to register, you may use your existing Google / Facebook account. By clicking [“Sign up”] and ticking the checkbox confirming you agree to these Terms of Service, you agree to be bound by these terms. If you further choose a paid subscription, you will be asked to provide your payment information. By providing this information you grant us the right to charge our fees for performing the Services covered in your subscription. Other than this, the registration is free of charge. We will accept your offer by sending you a confirmation email or by providing the Services to you. You must keep your password confidential and you will be responsible for all use of your account and password. You are not allowed to pass on or to resell access to your account to others.
Necessary consents and legal authorizations
By Uploading Files to our Services, you confirm that you are either the owner of these Files or that you have the necessary rights and permissions to use these Files. You can only Upload files if you tick a checkbox confirming this. For example, if you upload somebody’s voice recording to our Services, you confirm that you have permission from the voice owner to clone and synthesize their voice. Only you are responsible for securing these rights and permissions. We ask that the Content Generated using our Services by users subscribed to free plans and by non-signed-up users be attributed to Wondercraft when published outside of our platform by including [Wondercraft] or [wondercraft.ai] in the description.
Intellectual Property Rights Infringements
Among other Services, we provide a Voice Cloning Service that allows you to use our technology to synthesize voice recordings that sound like a Speaker by typing new words ("Cloned Voice"). A “Speaker” is a person (including you) who has given the necessary licenses, rights, consents, releases and permissions to use recordings of their voice to train the Cloning AI and to synthesize and otherwise use their voice for the purposes of synthesizing speech. To avoid any doubt, by Uploading Files to our Services, you confirm that:
- You are the creator and owner of the Uploaded Files or you have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Uploaded Files in any manner contemplated by our Services, including for the purposes of Voice Cloning, and these terms
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Uploaded Files to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Uploaded Files in any manner contemplated by our Services, including for purposes of Voice Cloning, and these terms
- You are solely responsible for Content Generated using Uploaded Files you do not own or do not have permission to use.
US Specific If you are a US resident and you believe you can identify material hosted on our Services that infringes upon your Intellectual Property Rights or the rights of a person you represent, please notify us using the contact information provided below. A copy of your notification will be sent to the person who generated the material in question. If you are not sure this material is hosted on our Services or whether it violates your intellectual property or privacy rights, you should consider contacting an attorney first. Regarding Copyright specifically, if you believe that any material available on or through the Site infringes upon any Copyright you own or control, please immediately notify us by submitting a takedown notice containing the information below to firstname.lastname@example.org: • A physical or electronic signature of a person authorised to act on behalf of the owner of the Copyright; • Identification of the Copyrighted work or works claimed to have been infringed; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to identify and locate the material; • Your contact information, including your name, address, phone number, and/or email address; • A statement that you have a good faith belief that the use of the material you have identified is not authorized by the Copyright owner, its agent, or the law; and • A statement that this information you have provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the Copyrighted work you allege has been infringed.
We do not proactively monitor the Content you Upload to our Services. You are responsible for the Files you Upload and generate using our Services. We may be required to take action if we find that the Content you Upload or generated violates the law or these terms. As a user of our Services, you agree not to use our Services to:
- violate any national or international law
- violate the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, including Generating Content that discriminates against people based on their race, color, national or ethnic origin, religion, age, sex, gender, sexual orientation and/or preference, or physical handicap
- violate the rights of others, including but not limited to infringing Copyright, right of publicity, right of likeness, and/or any other Intellectual Property Rights, or to defame a third party or cast a third party in false light
- fraudulently impersonate other people or companies
- exploit or harm minors
- harass or threaten any person or to promote violence against a specific person or class of people
- trick or mislead us or other users, especially in an attempt to learn sensitive account information, for example user passwords
- disable, interfere with or circumvent security-related features of our Services
- interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to ours
- engage in any automated use of the systems (except of our Public API), for example by using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- copy our Services’ software, including all code
- reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law)
- sell or transfer your profile
- harass, annoy, intimidate, or threaten any of our employees engaged in providing our Services or assistance to you
- make improper use of our support Services or submit false reports of abuse or misconduct
- harm us or our Services in any way.
Taking action in case of violations
Before taking action as described below, we will inform you in advance when reasonably possible, give the reason for our action and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
- Cause harm or liability to others, or us
- Violate the law or a legal enforcement authority’s order
- Compromise an investigation
- Compromise the operation, integrity or security of our Services
Removing Your Content
If we reasonably believe that any of Your Content breaches these terms, or violates applicable law, or could harm others, or Wondercraft, then we reserve the right to take down some or all of that Content in accordance with applicable law. Examples include content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s Intellectual Property Rights.
Suspending or terminating your access to Wondercraft services
Wondercraft reserves the right to suspend or terminate your access to the Services or delete your Wondercraft Account if any of these things happen:
- you materially or repeatedly breach these terms
- we’re required to do so to comply with a legal requirement or a court order
- we reasonably believe that your conduct causes harm or liability to a user, third party, or Wondercraft — for example, by harassing, misleading, impersonating, defaming others, or hacking, phishing, scraping content that doesn’t belong to you.
If you believe your account on our Service has been suspended or terminated in error, you can appeal.
You’re always free to stop using our Services at any time.
EU Specific If you’re an EEA-based Consumer, you can also withdraw from these terms within 14 days of accepting them.
Using Wondercraft services on behalf of an Organization or business
You may use the Site or Service as Consumer or Entrepreneur. “Consumer” is a natural person who is acting outside the scope of an economic activity and a “Business Customer” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity. To use our Services on behalf of an Organization an authorized representative of that Organization must agree to these terms.
Payment, term and termination
If you subscribe to a paid plan, you will be charged monthly upfront, starting on the day you subscribe. The exact price will be based on the current price information shown on our pricing page. All prices include VAT. You may terminate your subscription for convenience at any time until the end of your current billing period. Your plan’s monthly limits (minutes of generated audio etc.) must be used during the applicable term. Any unused limits do not transfer over to the next month. Your minutes generated limit will decrease with each generation by the seconds cost displayed. For subscribers to the 'Creator' plan and above - our Service lets you go over the character limit specified in your subscription plan. To do this you must allow “usage-based” billing in your subscription page. “Usage-based” billing offers a fixed price for each additional second over your limit. This fixed usage-based price differs depending on your subscription plan. The additional seconds are billed at the end of the billing cycle. If you go over this limit and decide to upgrade or downgrade your subscription, you will be immediately charged for this outstanding “usage-based” balance, as well as for the price of your new chosen subscription plan. If you decide to upgrade your plan then your unused characters from the previous plan will transfer to your new plan. If you downgrade your subscription, your unused characters will not be transferred.
If you subscribed to an Enterprise plan and you request a refund of your most recent payment within the last 30 days, please do let us know by email to your account representative within our company. We do not honor requests for refund of payment more than 30 days in the past or if you have used more than half of the allowance.
In case of problems and disagreements
Both the law and these terms give you the right to a certain quality of service, and ways to fix problems if things go wrong.
EU & UK Specific If you’re a Consumer based in the UE and UK, then you enjoy all legal rights granted to Consumers under applicable law.
EU Specific If you are based in the EU and you have agreed to our Terms of Service, then EU Consumer laws provide you with a legal guarantee covering the digital services that we provide you. Under this guarantee, we’re liable for any lack of conformity that you discover at any time during the “continuous” supply of digital content or services. Your national laws may provide an even longer guarantee. If you want to make a guarantee claim, please contact us at email@example.com
US Specific (warranty disclaimer) We’re continuously improving our Services to meet your needs. However, for legal purposes, we offer our Services without warranties unless explicitly stated in our Service-specific additional terms. The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it: THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, BY YOU, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (7) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
For all users
US & UK Specific These terms and the law attempt to strike a balance as to what you can claim from us and what we can claim from you in case of problems. We can limit our liability for certain things but not for others.These terms limit our liability only to the extent allowed by the law. These terms do not aim to limit our liability for fraud, fraudulent misrepresentation or death or injury caused by negligence or wilful misconduct. Other than the breaches named above, Wondercraft is liable only for our breaches of these terms, subject to applicable law.
US Specific To the extent allowed by law, Wondercraft is only liable for its breaches of these terms or applicable Service-specific additional terms. Wondercraft is not liable for: • Loss of profits, revenues, business opportunities, goodwill or anticipated savings • Indirect or consequential losses • Punitive damages
You agree to indemnify, defend, release, and hold us harmless including our subsidiaries, Affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses from any claims made by any natural person or other third party in connection with the use, processing and storage of the Files you Upload to our Services. You also agree to accept full legal responsibility for, and pay any and all royalties, penalties, fees, or damages awards resulting from, any claims of intellectual property infringement brought against us by others resulting from the Files and Content you Upload and Generate using our serves that you do not own or are not otherwise authorized to provide to usWe are not liable for any statements or representations in your Uploaded Files and Generated Content. You are solely responsible for the Files you Upload to and Content you Generate using our Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Generated Content. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE AND/OR OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING EVEN IF ADVISED OF THEIR POSSIBILITY: (1) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, INFORMATION OR SERVICES; (2) ANY LOSS, DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, OR ANY CONTENT (OR INFORMATION) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; (3) ANY LOSS, DAMAGE OF ANY KIND INCURRED AS A RESULT OF INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, AS A RESULT OF THE USE OF OUR SERVICES; (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (6) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; AND/OR (7) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
EU Specific We are unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence.In cases of slight negligence, we are only liable if we have infringed a fundamental duty and if the purpose of the contract is threatened thereby or if we have infringed duties that have to be fulfilled for the duly contract implementation and if you generally rely on the fulfilment of these duties. In the aforementioned cases, we are only liable for typical, foreseeable damages at the time the respective Service was performed.We will not be liable hereunder (i) by reason of any failure to timely perform our duties hereunder due to an event beyond our reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics or (ii) for initial defects without fault (§ 536a (1) German Civil Code (BGB))If we are not liable or our liability is restricted hereunder, this also applies to the personal liability of our employees, legal representatives, and assistants in performance.The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects by us, our legal representatives or assistants in performance or under the German Product Liability Act (Produkthaftungsgesetz). We are liable for the loss of data only up to the amount that would have been incurred to restore the data if it had been properly and regularly backed up. In deviation from the foregoing, the following shall apply to you as a user of a free plan: We are not obligated to remedy a defect in the Service. If you suffered harm from a defect, we owe damages only if the defect was wilfully concealed by us. Otherwise, our liability is limited to intention and gross negligence.We are not obligated to remedy a defect in the Service. If you suffered harm from a defect, we owe damages only if the defect was wilfully concealed by us. Otherwise, our liability is limited to intention and gross negligence.
For Business Customers and Organizations
US Specific If you’re a Business Customer or Organization: • To the extent allowed by applicable law, you’ll indemnify Wondercraft and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. • If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities. Wondercraft’s total liability arising out of or relating to these terms is limited to the greater of (1) $200 or (2) the fees paid to use the relevant services in the 12 months before the dispute.
EU & UK Specific If you’re a Business Customer or Organization: • To the extent allowed by applicable law, you’ll indemnify Wondercraft and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Services or violation of these terms or Service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. • If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities. • Wondercraft won’t be responsible for the following liabilities: • loss of profits, revenues, business opportunities, goodwill, or anticipated savings • indirect or consequential loss • punitive damages Wondercraft’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant Services in the 12 months before the breach
Handling requests for your data
Settling disputes, governing law, and courts
US Specific Informal negotiation To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. For contacting Wondercraft, please use firstname.lastname@example.org. Provided that you are a Business Customer, and to the extent permitted by and compatible with applicable law, the exclusive jurisdiction and venue shall be the seat of our company.
EU Specific If you’re a resident of, or an Organization based in, the European Economic Area (EEA) or Switzerland, these terms and your relationship with Wondercraft under these terms and Service-specific additional terms, are governed by the laws of your country of residence, and you can file legal disputes in your local courts. If you’re an EEA-based Consumer, please contact us to resolve issues directly. The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/Consumers/odr/. We are neither obliged to take part in alternative dispute resolutions before a Consumer dispute settlement commission or will do so voluntarily.
UK Specific If you’re a resident of, or an Organization based in, the United Kingdom, these terms and your relationship with Wondercraft under these terms and Service-specific additional terms, are governed by English law, and you can file legal disputes in the English courts.
The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except such waiver is prohibited by law or deemed by a court of law to be against public policy.
EEA instructions on withdrawal
Contact Wondercraft to withdraw from these terms
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us at:
1111B S Governors Ave STE 6479 Dover, DE 19904
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form add link to form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of Services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. Your right to withdraw from this Agreement expires prematurely if the Services were initiated by us to you only after you as Consumer have expressly agreed that we shall commence with the execution of the contract before expiry of the withdrawal period, and at the same time have confirmed your knowledge of the fact that you lose your right to withdraw from the contract with the beginning of the execution of the contract.
Model withdrawal form
I/We [...] hereby give notice that I/We [...] withdraw from my/our [...] for the provision of the following service [...],
Ordered on/received on [...],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s) (only if this form is notified on paper),
Affiliate - an entity that belongs to the Wondercraft group of companies, which means Wondercraft Inc and its subsidiaries
Business Customer - a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity
Consumer - a natural person who is acting outside the scope of an economic activity
Copyright - a legal right that allows the creator of an original work (such as a blog post, photo, or video) to decide if and how that original work may be used by others, subject to certain limitations and exceptions (such as “fair use”)
Disclaimer - a statement that limits someone’s legal responsibilities
Wondercraft Inc (also we, us, and/or our) - Wondercraft Inc., a company incorporated in Delaware, United States with address at 1111B S Governors Ave STE 6479 Dover, DE 19904, and its affiliates
Generated Content / Content you Generate - the audio and written content generated by a user using our services
Indemnity or indemnify - an individual or organization’s contractual obligation to compensate the losses suffered by another individual or organization from legal proceedings such as lawsuits
Intellectual Property Rights - rights over the creations of a person’s mind, such as inventions (patent rights); literary and artistic works (Copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks). IP rights may belong to you, another individual, or an Organization
Liability - losses from any type of legal claim, whether the claim is based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen
Organization - a legal entity (such as a corporation, a non-profit, or a school) and not an individual person
Service, Services - any of the following services offered by Wondercraft:
- Site - https://wondercraft.ai/
- Podcast Synthesis - our text-based speech generation tool that allows you to produce spoken audio from writing, available at https://podcast.wondercraft.ai/
Trademark - symbols, names, and images used in commerce that are capable of distinguishing the goods or services of one individual or organization from those of another
Uploaded Files - any material uploaded by a user to their profile on the Wondercraft platform
Warrant, warranty - an assurance that a product or service will perform to a certain standard
Your Content - files that you create, upload, submit, store, send, generate, receive using our services
Your Contributions - all feedback, suggestions and input you provide to the platform and in your communications with us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the our services, please contact us at:
1111B S Governors Ave STE 6479 Dover, DE 19904