Effective: January 9, 2024
Terms of Use for Typecast API Service
Article 1 Purpose
The purpose of these Terms of Use is to govern the use of and set forth the user’s rights, obligations, and responsibilities concerning the use of Neosapience, Inc.’s (hereinafter “Company”) voice Application Programming Interface (or “API”, which means an interface for users to use the technology provided by the Company in their applications, programs, websites, and others) and its related network, website and other ancillary services (collectively the “Services”).
Article 2 Confirmation of and Consent to the Terms of Use
The users’ thorough review of this service provision after their own consideration and clicking of the “Consent” button (or actual use of Typecast Application) means that users have understood and accepted this service provision, including the Personal Information Handling Policy and other regulations proposed by the Company (hereinafter “Terms of Use”), in consultation with the Company. Users (in case of minors with their legal representatives) shall thoroughly read and sufficiently understand each provision of these Terms of Use. In particular, as these Terms of Use include an indemnification clause that relieves and limits the Company’s liability and limitations on users’ rights, users shall discreetly choose whether to agree to these Terms of Use.)
The Company may specify the scope of the API, available time, and usage frequency when providing the API through the Services. Users may only use the API in accordance with such conditions stipulated by the Company.
During the service subscription period, (i) users may request voice files through the API provided by the Services (such voice files hereinafter referred to as "User Requested Voice Files"), which they can use, (ii) users may also create new derivative content by utilizing User Requested Voice Files or User Modified Content, such as transforming voices or generating secondary works using voices (such content generated by the users through such process is referred to as “User Modified Content”).
The Company grants users the right to permanently utilize User Requested Voice Files and User Modified Content. However, this right comes with the following conditions: (i) the transfer of right to third parties, including sublicensing rights, is not allowed; (ii) except as provided in Paragraph 3 of this Article, the user cannot alter or create derivative works in any manner; and (iii) the user retains the right to continue using the User Requested Voice Files and User Modified Content as they are, even after the subscription period ends. In summary, after the subscription period ends, (i) the user retains the right to continue using the User Requested Audio Files and User Modified Content stored during the subscription period as they are, but (ii) modifying, editing, altering, or reprocessing in any manner the User Requested Audio Files and User Modified Content stored during the subscription period is not allowed.
The contents which users are authorized to use pursuant to Paragraph 4 of this Article shall be limited to User Requested Audio Files and User Modified Contents. All other rights to any content provided by the Company to the users (including but not limited to characters/voices for preview, any audio, video, photos, programs, solutions, etc.) (hereinafter referred to as "Company Provided Content") are subject to the provisions outlined in Article 4, Paragraph 3 [Vesting of Rights] of this Terms of Use.
If users have an objection to any provision of these Terms of Use, they may neither install nor use Services. By subscribing to, logging in to, and using the Services, users are deemed to have accepted these Terms of Use and agreed to use the Services in the manner prescribed.
The Company may amend these Terms of Use at any time to provide improved Services to the users. If the Company amends this Terms of Use, the Company will notify such amendments by no later than seven (7) days prior to the date on which the amendments will take effect, by specifying the effective date of the amendment and the reasons for the amendment, together with the current version of the Terms of Use. However, if the Terms of Use is amended to be disadvantageous to the user or if the Terms of Use is substantially amended, notification of such amendment shall be provided to the users by providing at least thirty (30) days prior to the effective date of such amendment. If, however, a user continues to use the Services after the amendments become effective, such user shall be deemed to have accepted the amended Terms of Use.
Article 3 Use of Services
The use of service refers to making requests to the Company’s servers for voice generation though the provided API in order to receive the generated voice files as response and utilizing other functionalities offered by the Services.
The Service is provided only to users who have agreed to the Terms of Use of the Typecast API Service provided by the Company and have registered as members. Users may start the free trial of the Service by logging in through their Typecast account, and submitting user information in the specified format determined by the Company. This marks the beginning of the use of the Service. However, access to paid services provided according to these Terms of Use and the Company's policies is available only after payment of the relevant fees.
The features provided by the Service may be subject to change based on the Company's circumstances.
Article 4 Rules on Use of Services
Users shall not upload, download, dispatch, or distribute sensitive information and information that violates any national law, including but not limited to the following information, with the technologies or services provided by the Company:
Information that contradicts basic principles established by the Constitution
Information that does harm to national security, leaks national secrets, overthrows a political regime, threatens national unity, and harms national reputation and interests
Information that disrupts social order and threatens social stability
Information that disseminates obscene, sensational, gambling, violent, murderous and fearsome content, incites crimes, infringes on others’ privacy, insults, criticizes or defame others, and infringes on others’ legal rights and interests
Contents that are associated with criminal activities
Works that are not created by the users themselves and thus might cause copyright disputes
Information which includes other content prohibited by laws and administrative statutes, including illicit information as defined in Article 44 (7) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
Any material that violates these terms or applicable laws
Users shall not engage in the following acts through the Services provided by the Company:
Users shall not use the Services for any illegal purposes: in detail, impersonating others or an organization, carrying a deceptive scheme, such as pretending to have a relationship with any person or entity, stealing money or other goods through such a scheme (including the setup of the Account that does not match facts or is linked to other users’ Accounts), malignantly using the Account in order to cause other users’ confusion, and uploading/disclosing harassing, disruptive, abusive, intimidating, vulgar, obscene, or any other illegal or malignant information.
Users shall not upload, disclose, or transmit by e-mail or other methods the content that they have no right to transmit (for example, internal and confidential materials, others’ rights, such as their patents, trademarks, copyrights, and trade secrets, personal information, and other information).
Users shall not provide the Company’s application, program, websites or other Services provided by the Company to a third party.
Users shall not engage in any illegal acts, acts, or transactions which violate statutes or hamper public order or fine customs or anything that might lead to any of the foregoing (whether anything might lead to any of the foregoing shall be determined by the Company): in detail, engaging in passing on criminal methods, sales of illicit drugs, multilevel sales, money laundering, fraud or engaging in gambling, or inducing others to participate in gambling activities by providing gambling data or other methods.
Users shall not engage in any act that infringes on the Company’s legal rights and interests, including but not limited to using the Company’s intellectual property rights without being authorized (including the Company’s exclusive data, such as trademarks and logos or the composition or design of its website), imitating the appearance and features of the Services, linking to the Services by using any automated program, software, engine, web crawlers, web page analytics, and data mining tools or similar tools, collecting or handling the content provided by the Service, reverse filing, reverse compiling or reverse engineering the software used by the Services, and avoiding (or attempting to avoid) any secure features of the Services, systems, or other users’ systems.
Users shall not violate copyrights of, or any other rights for, external parties and/or individuals
Users shall not engage in acts that have a negative impact on the normal operation of the Internet through the Services: for example, intentionally spreading data (including viruses, network worms, Trojan Horse Virus, already destroyed files or other malignant codes or items) that hinders, destroys, or limits computer software, hardware, or communication equipment features, services, servers, and networks connected to services.
Users shall not set up several Accounts for fraudulent or abusive purposes or maliciously upload large and overlapping or invalid quantities of data and information. Video or audio recording of preview clips is strictly forbidden. Any activities that are not permitted by the user’s current subscription plan are strictly prohibited as such action violates our service’s terms and copyrights.
Users shall not proceed with acts that affect the fairness of the Services or the normal operation or order of other applications.
Users shall not illegally use or take out words, trademarks, and covers which bear the Company’s brands by any channel or media in the course of cooperating with the Company or joint manufacturing with the Company.
Users shall not violate norms with legal effects, such as other laws, statutes, regulations, and ordinances.
Vesting of Rights
The Company owns copyrights, which include, but are not limited to, rights over authorship, distribution, public transmission, and adaptation, of contents provided by the Company, as well as all rights that include, but are not limited to, intellectual properties and ownership. The Company may change or terminate any contents provided by the Company, including audio contents, under conditions that require the Company to act so.
The right to use the audio files generated by the user, or contents modified by the user, belongs to users, pursuant to Paragraphs 4 and 5 of Article 2 of these Terms of Use. However, users agree to grant the Company royalty-free license (without limitations on time and location) to use all kinds of content (including voices, video clips, and photos, hereinafter meaning the same), including the right to copy, reproduce, revise, transmit by air, display, and create derivative copyrighted works of such content by uploading, posting, and transmitting such content on or to the Services as long as they are not used for commercial purposes.
The Company may use all kinds of content uploaded, posted, or transmitted by users for the following purposes: display such content within the Services, promote, operate, or improve the Services, conduct research on new service development, comply with its legal obligations, such as web accessibility, and allow for search, collection, and links on external websites.
Users may use all kinds of content provided by the Company via the Services for the Company’s intended purpose, to the extent and by the method(s) permitted by the Company. Users may not store, reproduce, correct, transmit by air, display, distribute, or create derivative works of such content at their discretion for any other purposes and by any other methods, and they may not exceed the permitted extent as to the use of such content. If users infringe on the Company’s or any third party’s rights in violation of the foregoing clause, then users shall bear legal liability, including compensating for damage.
Commercial rights of contents provided by the Company exclusively belong to the Company. Users require a separate written agreement with the Company if they wish to commercially utilize contents provided by the Company.
Users must act according to the conditions of free services provided by the Company, which include previews, with their use of such services, by adhering to the predetermined conditions of purposes, areas, and methods for free service use. Users are strictly prohibited from using such free services for indirect and/or direct commercial purposes for the users or external parties or individuals.
Article 5 Usage fee, Cancelling, Refund, and Changes
Usage fee
Subscription Billing Cycle: Monthly service charges and any other monthly charges incurred in connection with the use of the service (e.g. taxes, transaction fees, etc.) will be charged monthly to the payment method registered on the date corresponding to the start date of the paid service. Yearly prepaid contract memberships will charge one year's worth of services charges and other aforementioned charges in advance. Your billing date may change in some cases, such as when your registered payment method doesn't process properly or when your paid membership begins on a date that doesn't exist in a particular month. You can check your payment date on your Billing Overview page.
Payment method: To use Typecast’s paid service, please go to the Billing Overview page and pay for your paid membership of choice. The member's payment method can be updated by using the information provided by the corresponding payment service provider. By updating the payment information, you are allowing the service to proceed invoicing with your updated information. If the payment is declined, the service will continue to bill through the registered payment method. The user is responsible for the unpaid amount. The service may be temporarily limited in cases of expired validation date, inefficient balance or any other reason that may cause error in payment. In some cases, depending on the payment method and company, there could be excessive fees such as foreign exchange fee or payment process fee depending on the user’s location and environment. Local tax will vary depending on the payment method. Please see the payment providers terms and policy for detailed information.
Usage fee and change in service : Pricing and contents may change, but all notifications will be sent to all users via email 30 days prior to the actual change date.
Unsubscribing
Users can unsubscribe Typecast service at any time. In such a cancellation, the user can continue to use the service until the expiration date. To cancel the subscription, please go to Billing Overview page and follow the instructions unsubscribing. When unsubscribed, the service from the paid membership will stop after the last day of the terminated membership.
Refund & cancellation policy
Partial amounts, which deduct payment processing fees and the amount of membership fees for the duration of the prepaid yearly contract service usage if the user signed up for any prepaid yearly contract, can be refunded upon help center request messages to refund or cancel payment within 7 days of payment. Refund is not acceptable after 7 days, in which case the membership will continue until the end of the paid duration. It is also impossible to refund the monthly payment if the user used the service after the payment.
Article 6 Limitation of Liability
The Company shall not be liable for direct, indirect, incidental, special, and consequential damage, which includes damage caused by the inadequate use of the Company’s software, products, and services, illegal use of the Company’s Services or goods or services purchased on relevant websites, or users’ failure to update their information that is entered or transmitted by themselves.
If the Company or any third party suffers any damage due to users’ forgoing acts under Paragraph 1 above, then the users shall indemnify the Company for such damage under relevant laws. The Company may protect its rights by using users’ information on its own or in cooperation with judicial institutions or other organizations (or through judicial procedures).
Article 7 Liability
Due to the characteristics of online services (including but not limited to security of servers, existence of acts, such as malignant cyber terrors, and other circumstances beyond the Company’s control), the Services provided by the Company may be suspended or delayed. Other circumstances may also arise where users’ needs are not satisfied. Under these circumstances, the Company shall not be deemed to violate these Terms of Use and bear liability arising out of such force majeure event. However, the Company shall notify affected users as much as it can via announcements on its website, system notifications, notes, message alerts, or other reasonable methods.
A user agrees to guarantee and keep the interests of the Company and other users. A user agrees that if its use of the Services is illegal, untrue, or inappropriate, infringes on any third party’s legal rights and interests, or is in violation of any provision hereunder and thus causes any loss (or damage) to the Company or any other third parties, such a user shall be liable to compensate for such damage.
If a third party claims certain rights against the Company and/or affiliated companies due to a user’s act, then the Company and/or affiliated companies may perform an obligation to indemnify such a third party for monetary damage as well as others, and then demand that such a user compensate for all losses (such damage).
The Company shall perform obligations under relevant statutes. However, the Company shall not be liable for any damage suffered by users due to the maintenance and repair of information network equipment, connection failures, computer communication or other systems’ breakdowns, data breach activities, computer viruses, power outages, labor strikes, riots, fires, bloods, storms, explosions, wars, government acts, judicial/administrative agencies’ orders, or any third party’s causes.
If the Company discovers or becomes aware, through any third party’s accusation or report, that a user engages in or is alleged to engage in an act that violates laws, regulations, or regulatory provisions of the Services (including but not limited to the rules specified in these Terms of Use) in the course of using the Services, then the Company, in its reasonable judgment, has the right to (i) immediately take all necessary actions (including but not limited to account freezing and blocking, blocking live broadcasting power, or filing reports to investigative agencies, such as police stations) without notifying such a user, or (ii) reduce or eliminate the consequences of such a user’s act by complying with law enforcement requests of national institutions, such as police, prosecution, or courts, and taking corresponding actions regarding the related Account. The property within such a user’s Account that is blocked shall not be returned.
Article 8 Notices and Service (delivery)
Users agree that the Company shall deliver all kinds of notices to users by the following reasonable methods:
Announcements, the Company’s rules, and consultation between the Company and users
Messages on websites, pop-up messages and others.
E-mail, cell-phone messages, or letters, which are contact methods that users inform the Company of.
The Company shall send users a notice in the above described manner. When a notice is sent, it shall be deemed to have been delivered. Written notice sent to the given contact address by post shall be deemed to have been delivered on the fifth day after being sent.
Article 9 Loss of User’s Right to the Use of Service
If a user violates these terms and conditions or related laws in using the Service, the Company reserves the right to temporarily or permanently restrict the user's access to the Service or arbitrarily terminate this agreement.
Article 10 Miscellaneous
Considering the characteristics of the content of the Services provided to users, the Company shall demand that such users comply with specified terms and provisions when subscribing to related services that the Company provides. If such specified terms and provisions do not match these Terms of Use, such specified terms and provisions shall prevail.
Even though any provision hereunder becomes fully or partially invalid or unenforceable due to any cause, the other remaining provisions shall still remain valid and binding.
The Website and users shall, first of all, hold mutual negotiations and resolve any problem arising from the enforcement of any provision hereunder.
If a user violates these Terms of Use, the Company shall take all necessary actions, including but not limited to blocking the Account and confiscating funds on the Account.
This Terms of Use shall be governed and construed under the laws of the Republic of Korea. Any litigation initiated in relation to this Terms of Use shall be submitted to the court having competent jurisdiction pursuant to the Civil Procedure Act of Korea.