Terms of Service

By creating an account, or otherwise accessing or using the Platform and all related websites, applications, and services (collectively, the "Platform"), you enter into a legally binding agreement with Vocograph ("we," "us," or "our") and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional policies incorporated herein by reference. Users who register to offer voice autographs are referred to as "Creators"; users who purchase or request voice autographs are referred to as "Fans." If you do not agree to these Terms in their entirety, you must not use the Platform. Vocograph is currently operated as a sole proprietorship doing business under the trade name "Vocograph." These Terms will be updated to reflect the legal entity name and registered address upon completion of formal business entity formation. Legal inquiries may be directed to [email protected] at any time.

You must be at least 13 years of age to use Vocograph as a fan. Creators must be at least 18 years of age. By creating an account, you affirmatively represent and warrant that you meet the applicable minimum age requirement, that you have the legal capacity to enter into a binding agreement under the laws of your jurisdiction, and that your use of the Platform does not violate any applicable law or regulation. We do not independently verify age at registration. You are solely responsible for the accuracy of this representation. Providing a false representation of age to circumvent eligibility requirements is a material breach of these Terms and may result in immediate account termination.

Vocograph is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If we learn that we have inadvertently collected personal information from a child under 13, we will delete that information promptly. If you believe we have collected information from a child under 13, please contact us at [email protected].

If you are accepting these Terms on behalf of a legal entity such as a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" in these Terms shall refer to that entity.

Vocograph is a technology platform that operates a two-sided digital marketplace connecting fans with creators (artists, performers, and other public figures) who offer personalized voice autograph recordings. Vocograph's role is solely that of a technology facilitator and marketplace operator. We provide the infrastructure, payment processing pipeline, and delivery mechanism that enables transactions between fans and creators.

Vocograph is not a seller, merchant of record, talent agency, or employer of creators who offer services on the Platform. Creators are independent third parties who set their own availability, craft their own recordings, and are solely responsible for the content they deliver. Vocograph does not direct, supervise, control, or employ creators in connection with the performance of any recording. Nothing in these Terms or the structure of the Platform creates an employment, agency, joint venture, or partnership relationship between Vocograph and any creator.

Vocograph is not a party to the underlying creative transaction between a fan and a creator. Any dispute regarding the quality, content, timeliness, or nature of a delivered voice autograph is a matter between the fan and the creator, except to the extent that these Terms or our moderation policies specifically provide for Vocograph's involvement. Vocograph shall not be liable for the acts, omissions, errors, representations, warranties, breaches, negligence, misconduct, or unlawful behavior of any creator or fan using the Platform. You acknowledge and agree that your use of the Platform and your transactions with other users are at your own risk.

To access most features of Vocograph, you must create an account. When registering, you agree to provide accurate, current, and complete information, including your legal name and a valid email address. You agree to maintain and promptly update your account information to keep it accurate and complete at all times. Providing false or misleading registration information is a breach of these Terms.

Creator accounts require additional identity information during onboarding — including date of birth — as required by our payment processor Stripe for identity verification and payout eligibility. This information is collected and processed by Stripe subject to Stripe's Privacy Policy.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account, whether or not you authorized that activity. You must notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account. Vocograph will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

Vocograph reserves the right to refuse registration, cancel accounts, or decline service to any person at any time, for any reason, in our sole discretion. You may not create more than one account without our express written permission, and you may not create an account on behalf of another person unless you have documented legal authority to do so.

When you submit a request for a voice autograph as a fan, you authorize Vocograph to place a payment hold (authorization) on your payment method for the full purchase amount at the time of submission. This authorization-and-capture model means that your funds are reserved but not yet captured. The hold will be captured upon successful delivery of the completed voice autograph collectible, or automatically released if the creator does not fulfill the order within the 7-day fulfillment window described below.

What you are purchasing is a single, personalized digital voice autograph collectible — a one-time recording created by the specified creator in response to your submitted request. You are not purchasing guaranteed access to the creator, a personal relationship, ongoing communication, a specific outcome or message, or any right to the creator's time beyond the single recording. The creator retains full creative control over how they respond to your request within the bounds of these Terms and applicable law.

Once you submit a request, the creator has 7 calendar days from the time of your submission to deliver the completed voice autograph. If the creator does not deliver within this window, the order is automatically cancelled, the authorization hold on your payment method is released, and no charge is made. You may then resubmit your request or choose another creator. Vocograph will use commercially reasonable efforts to process automatic releases promptly, but actual reversal timelines on your payment method are subject to your bank's processing times.

By submitting a request, you represent that any photo, personal message, or other content you include with your request complies with Section 6 of these Terms.

If you believe a delivered voice autograph does not comply with these Terms — for example, because it contains prohibited content as described in Section 9 — you may report it to Vocograph at [email protected] and we will review the matter under our moderation policy described in Section 14. Dissatisfaction with the creative content of a delivery that otherwise complies with these Terms does not constitute grounds for a refund, as the creator retains full creative discretion over how they respond to your request.

All purchases on Vocograph are final and non-refundable upon delivery of the completed voice autograph collectible. Because each voice autograph is a uniquely personalized digital good created specifically for you, it has no resale value to Vocograph or any other party, and its creation requires the irreversible expenditure of the creator's time and effort. For this reason, we do not offer refunds, credits, or exchanges on delivered orders, except as expressly provided in these Terms or required by applicable law.

The sole exception to this policy is non-delivery: if a creator fails to fulfill your request within the 7-day fulfillment window, your payment hold will be automatically released as described in Section 4. This automatic release is not a refund processed through a chargeback mechanism. If you initiate an unauthorized chargeback with your bank or card issuer for a delivered order, Vocograph reserves the right to suspend your account pending resolution and to recover any associated chargeback fees.

For users located in the European Union or the United Kingdom: you may have a statutory right to withdraw from a purchase within 14 days under EU Directive 2011/83/EU or equivalent UK consumer law. However, by submitting a voice autograph request and expressly requesting that the digital content creation process begin immediately, you acknowledge that you waive your right of withdrawal once the creator has begun recording your voice autograph or once the completed collectible has been delivered to you, whichever is earlier. You will be prompted to provide this express acknowledgment at checkout. This waiver does not affect any other mandatory consumer rights you may have under the law of your EU member state or the United Kingdom.

When you upload a photo or submit a personal message as part of a voice autograph request, you retain full ownership of that content. By submitting it, however, you grant Vocograph a limited, non-exclusive, royalty-free, worldwide license to store, process, and transmit that content solely for the purpose of fulfilling your order and delivering it to the creator you selected. This license terminates upon completion or cancellation of the order, except to the extent that retention is required for legal compliance, dispute resolution, or record-keeping purposes as described in our Privacy Policy.

You represent and warrant that: (a) you own all rights in any photo you upload or have obtained all necessary permissions from the rights holder; (b) the photo does not depict any identifiable third party without that person's documented consent; (c) the photo does not depict any person under the age of 18 unless you are the parent or legal guardian of that minor and have obtained the minor's consent and you take full legal responsibility for such upload; (d) the photo does not constitute or contain illegal content of any kind, including but not limited to content that is defamatory, obscene, or in violation of any person's privacy rights.

Personal messages submitted with your request must not instruct or request that the creator defame any identifiable person, impersonate any real individual, make specific factual claims about any third party, create content that could constitute harassment or stalking, or otherwise produce content that would violate these Terms or applicable law. Vocograph reserves the right to review personal messages and decline or remove requests that violate these standards. You are solely responsible for the legality and appropriateness of all content you submit.

Creators retain full copyright ownership of the voice recordings they create on the Platform. By delivering a completed voice autograph through the Platform, a creator grants Vocograph a limited, non-exclusive, royalty-free license to host, store, encode, compress, transmit, and deliver that recording solely for the purpose of fulfilling the fan's order and providing the associated digital collectible. This license does not permit Vocograph to resell, redistribute, publicly broadcast, or commercially exploit the recording beyond its delivery to the purchasing fan.

By delivering a voice autograph, the creator also grants the purchasing fan a personal, non-exclusive, non-transferable, non-sublicensable license to access, store, and use the recording for personal, non-commercial purposes only, subject to the restrictions set forth in Section 8 of these Terms. This fan license is automatically granted upon successful delivery and payment capture.

Vocograph does not pre-screen, review, or approve creator-submitted voice recordings before they are delivered to fans. Creators are solely responsible for ensuring that their recordings comply with these Terms, applicable law, and any applicable third-party rights. Vocograph reserves the right to remove or withhold a delivered recording post-delivery if we determine, in our sole discretion, that it violates these Terms, infringes any third-party rights, or otherwise constitutes harmful, illegal, or prohibited content. In such cases, the fee may be refunded to the fan at Vocograph's discretion. Creators acknowledge that they are independent actors and that Vocograph's hosting and delivery of their content does not imply endorsement of or responsibility for that content.

Upon delivery of a completed voice autograph and successful payment capture, you as the fan receive a personal, non-exclusive, non-commercial, non-transferable license to access and enjoy the digital collectible for your own private use. This license is strictly limited to personal enjoyment and does not constitute ownership of any underlying intellectual property rights in the recording, artwork, or collectible card design.

You may not: (a) resell, rent, lease, or otherwise commercially exploit the voice autograph or collectible in any form; (b) redistribute, share, publicly post, or broadcast the audio recording on any platform — including social media, streaming services, or podcasts — without the creator's prior written consent; (c) create derivative works based on the recording, including remixes, mashups, transcriptions, or AI training datasets; (d) use the collectible or recording for any commercial purpose, including advertising, endorsement, or promotional material; (e) mint the collectible or any element thereof on any blockchain or convert it into a non-fungible token or similar digital asset without Vocograph's express prior written consent; (f) reverse engineer, extract, or isolate components of the collectible card or underlying audio file for any unauthorized purpose.

This license is personal to you and may not be assigned or transferred to any other person or entity. Vocograph may in the future implement a gifting feature that allows licensed transfer of a collectible to another user under defined conditions; any such transfer will be governed by the terms applicable to that feature. Unauthorized transfer or use of a collectible is a breach of these Terms and may result in account termination and legal action.

The following conduct is strictly prohibited on the Platform for all users, whether fans or creators. Violation of any of these prohibitions may result in immediate account suspension or termination, removal of content, reporting to law enforcement, and pursuit of applicable legal remedies.

You may not: (a) submit, upload, create, or distribute any child sexual abuse material (CSAM) or any content that sexualizes minors in any way — violations will be reported to the National Center for Missing and Exploited Children (NCMEC) and relevant law enforcement without notice; (b) engage in or facilitate harassment, targeted abuse, intimidation, or threatening behavior toward any user, creator, fan, or third party; (c) impersonate any real person, including but not limited to celebrities, musicians, voice actors, performers, public figures, or other creators on the Platform, whether in your account profile, submitted requests, or delivered recordings; (d) engage in fraud, misrepresentation, or deceptive conduct of any kind; (e) send unsolicited commercial communications or spam through the Platform's messaging or request systems; (f) attempt to circumvent Platform payment processing by soliciting or accepting off-Platform payment for services arranged through Vocograph; (g) submit fan requests that ask a creator to produce defamatory statements about any identifiable person, make recordings involving third parties without their documented consent, or otherwise produce content that would harm or expose third parties to legal liability.

Creators additionally may not: (h) submit AI-generated voice recordings, voice-cloned audio, or recordings that were not personally recorded by the creator themselves; (i) solicit fans to move transactions off the Platform or otherwise contact fans outside the Platform for commercial purposes related to services offered through Vocograph; (j) use the Platform to collect personal information from fans beyond what is necessary to fulfill a recording request. Fans additionally may not: (k) contact creators outside the Platform to solicit or arrange voice autograph services for commercial consideration in circumvention of the Platform. Vocograph reserves the right to determine, in its sole discretion, whether any content or conduct violates these prohibitions.

Vocograph strictly prohibits all sexually explicit, pornographic, or adult-oriented content on the Platform at this time. This prohibition applies to creator recordings, fan-submitted photos and messages, profile content, and all other user-generated material. No exceptions are made for any category of user, verification status, or claimed artistic intent.

Creators may not accept or fulfill requests for adult content of any kind. Fans may not submit requests for adult content. Any account found to be soliciting, delivering, or facilitating adult content will be immediately terminated without notice or refund.

Vocograph may in the future introduce a separate, age-verified adult content tier governed by its own distinct terms, enhanced age verification requirements, and applicable legal compliance framework. Any such tier will be governed by separate terms and will require affirmative opt-in. Announcement of a future adult content tier does not constitute any commitment to implement it. Until such a tier is formally launched with its own governing terms, this prohibition is absolute.

All payment processing on the Platform is handled by Stripe, Inc. and its affiliates ("Stripe"). By making or receiving payments through the Platform, you acknowledge that you are subject to Stripe's Terms of Service and Privacy Policy in addition to these Terms. Vocograph does not store your full payment card information. All sensitive financial data is handled directly by Stripe in accordance with applicable Payment Card Industry Data Security Standards (PCI-DSS).

Vocograph uses an authorization-and-capture model for all requests. When you submit a request, a hold is placed on your payment method for the full amount due — including the product price (if any), service fee, and any add-on fees. Funds are captured only upon successful delivery of your voice autograph collectible. If the creator does not fulfill within the 7-day window, the hold is released in full and no charge is made.

Fans pay the following fees at checkout, all of which are displayed in full before you confirm your request:

(a) Product price: the price set by the creator for the offering, which may be zero for free offerings.

(b) Platform service fee: a service fee added to every request, calculated as a percentage of the offering price with a minimum floor amount. The exact amount is shown at checkout before you confirm. This fee is part of the authorization hold placed at submission and is released in full if the order expires unfulfilled — it is only collected upon successful delivery.

(c) Optional add-on fees: if you choose to include a personal message and/or a photo with your request, an additional platform fee applies. This fee is the same whether the offering is free or paid. The add-on is optional and clearly disclosed at checkout before you confirm. Add-on fees are part of the authorization hold and released in full if the order expires unfulfilled.

Current fee rates and worked examples are published at vocograph.com/fees and updated whenever rates change. Vocograph will provide at least 30 days' advance notice of any rate change, as described in Section 19. All fees are displayed in full at checkout before you confirm any request.

If an order expires unfulfilled, the entire authorization hold — including the product price (if any), service fee, and any add-on fees — is released and no charge is made. Once an order is fulfilled and payment is captured, all fees are final. In the event of a moderation-approved dispute on a delivered order, Vocograph may at its discretion refund the product price; the service fee and add-on fees are not refunded under any circumstances.

Creators receive their earnings from each completed transaction after Vocograph deducts its platform commission. The current commission rate is 12% of the product price per completed transaction. This rate is displayed in your creator dashboard and settings at all times and is published at vocograph.com/fees. Vocograph reserves the right to change the commission rate with at least 30 days' advance notice, as described in Section 19. The commission rate in effect at the time a request is submitted applies to that transaction; rate changes are never retroactive to already-submitted requests. Creator payouts are processed through Stripe Connect and are governed by the separate Creator Agreement and Stripe's Connected Account Agreement.

Applicable sales tax, VAT, GST, or other transaction taxes may be added to your purchase price at checkout depending on your jurisdiction and applicable tax law. Vocograph reserves the right to collect and remit such taxes as required.

Vocograph's payment infrastructure depends on the continued operation of Stripe. In the event that Stripe independently suspends or terminates Vocograph's platform account or restricts our ability to process payments, pending authorization holds may be voided or otherwise affected in ways outside of Vocograph's control. Vocograph shall not be liable to any user for losses, including loss of pending payments or payouts, that result directly from Stripe's actions, except to the extent of amounts actually collected and held by Vocograph at the time of the event.

All intellectual property comprising the Platform — including but not limited to the Vocograph name, logo, brand identity, the digital collectible card design and layout, waveform visualization technology, software, source code, databases, user interface design, and all associated trade secrets and proprietary methods — is owned exclusively by Vocograph or its licensors and is protected by applicable intellectual property laws, including copyright, trademark, and trade secret law.

Your use of the Platform does not grant you any license or right to use Vocograph's brand, logo, trademarks, or technology for any purpose. You may not reproduce, distribute, modify, reverse engineer, create derivative works from, publicly display, or commercially exploit any element of the Platform without our express prior written consent.

To facilitate rights management, authenticity verification, and delivery tracking, Vocograph may embed metadata within delivered audio files and collectible images. Such metadata may include the creator's name, the order identifier, the fan's display name, a platform watermark, the delivery date, and other identifying information. The embedding of this metadata is a feature of the Platform's delivery infrastructure and does not alter, diminish, or transfer any underlying ownership rights of the creator in their recording or of the fan in content they have uploaded. You agree not to remove, alter, or obscure any embedded metadata or platform watermarks in delivered collectibles.

Vocograph respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe that content available on or through the Platform infringes your copyright, you may submit a written notice of infringement to our designated DMCA agent at the contact information below.

Designated DMCA Agent: Vocograph Legal, [email protected]. A valid DMCA takedown notice must include: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to allow us to locate it on the Platform; (d) your contact information, including name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that use of the identified material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If you believe that content you submitted was wrongly removed in response to a DMCA notice, you may file a counter-notice with our designated agent. A valid counter-notice must include: (a) your physical or electronic signature; (b) identification of the removed material and its location prior to removal; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement consenting to jurisdiction of the federal district court for the judicial district in which your address is located, or if outside the United States, for any judicial district in which Vocograph may be found.

Vocograph maintains a repeat infringer policy. Users who are the subject of three or more valid DMCA notices are subject to account termination; Vocograph will review each such case in its discretion, taking into account whether valid counter-notices have been filed, before making a termination decision. Users who we otherwise determine in our sole discretion to be repeat or willful infringers are likewise subject to account termination.

Vocograph reserves the right, at its sole discretion and without prior notice or liability, to remove any content, suspend any account, restrict any feature access, or permanently terminate any user's account for any reason, including but not limited to violation of these Terms, conduct that we determine is harmful to other users, the Platform, or third parties, or simply as a result of our business decisions.

If your account is terminated while you have a pending unfulfilled order — whether as a fan with an active request or a creator with a pending unfulfilled order — those pending orders will be automatically cancelled and any outstanding payment authorization holds on fans' payment methods will be released. Creators terminated for any reason retain the right to receive disbursement of amounts already earned from fulfilled, captured orders that are pending their next payout cycle through Stripe Connect. Only amounts associated with unfulfilled orders that have not yet been captured may be withheld pending cancellation and release of the corresponding fan holds. Notwithstanding the foregoing, Vocograph may withhold earned disbursements during an active investigation into fraud, chargeback manipulation, or material misrepresentation by the creator, to the extent permitted by applicable law and the Creator Agreement.

Vocograph reserves the right to access, review, and act upon all user-generated content stored on or transmitted through the Platform — including personal messages submitted with requests, fan-uploaded photos, and creator voice recordings — for purposes of enforcing these Terms, resolving disputes between users, complying with legal process, and preventing harm. This content is private from other users of the Platform but is not private from Vocograph. By using the Platform, you consent to this access.

Vocograph offers a good-faith, best-efforts appeal process for users who believe their account was suspended or content was removed in error. To initiate an appeal, contact [email protected] with a detailed explanation. We will review appeals in the order received but cannot guarantee a specific timeline or outcome. Vocograph is not obligated to provide reasons for moderation decisions and shall not be liable for any loss — including loss of access to collectibles, unfulfilled orders, or account data — resulting from a suspension or termination. A termination for violation of these Terms does not entitle you to any refund, except as required by applicable mandatory consumer protection law.

THE VOCOGRAPH PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VOCOGRAPH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

VOCOGRAPH MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO: (A) THE QUALITY, CREATIVITY, ACCURACY, OR SATISFACTION OF ANY VOICE AUTOGRAPH CREATED BY A CREATOR; (B) THE RESPONSE RATE, FULFILLMENT RATE, OR TIMELINESS OF ANY CREATOR; (C) THE CONTINUOUS, UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION OF THE PLATFORM; (D) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION ON THE PLATFORM; (E) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (F) THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED.

VOCOGRAPH DOES NOT VERIFY THE IDENTITY, CREDENTIALS, PROFESSIONAL STATUS, OR CLAIMED AFFILIATION OF ANY CREATOR. A CREATOR'S REPRESENTATION THAT THEY ARE A PARTICULAR ARTIST, PERFORMER, OR PUBLIC FIGURE IS THE CREATOR'S OWN REPRESENTATION SOLELY, AND VOCOGRAPH MAKES NO WARRANTY OF AUTHENTICITY. YOU RELY ON SUCH REPRESENTATIONS AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LOCAL LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOCOGRAPH'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM — WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY — SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO VOCOGRAPH DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL VOCOGRAPH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF ACCESS TO DIGITAL COLLECTIBLES, EMOTIONAL DISTRESS, OR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF VOCOGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, VOCOGRAPH SHALL NOT BE LIABLE FOR: (A) ANY LOSS OF ACCESS TO YOUR DIGITAL COLLECTIBLES RESULTING FROM PLATFORM SHUTDOWN, DISCONTINUATION, OR CHANGE IN SERVICE; (B) OUTAGES, DATA LOSS, OR CORRUPTION CAUSED BY THIRD-PARTY INFRASTRUCTURE PROVIDERS INCLUDING CLOUDFLARE R2, SUPABASE, OR AWS; (C) ANY SUSPENSION, RESTRICTION, OR TERMINATION OF VOCOGRAPH'S STRIPE ACCOUNT RESULTING IN VOIDED PAYMENT HOLDS, DELAYED PAYOUTS, OR LOSS OF FUNDS; OR (D) ANY ACTS OR OMISSIONS OF CREATORS OR FANS.

NOTWITHSTANDING THE ABOVE: IF YOU ARE A CONSUMER LOCATED IN THE EUROPEAN UNION OR A JURISDICTION WHOSE MANDATORY CONSUMER PROTECTION LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF LIABILITY (INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION), NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE VOCOGRAPH'S LIABILITY TO THE EXTENT SUCH LIMITATION OR EXCLUSION IS PROHIBITED BY MANDATORY APPLICABLE LAW. EU AND UK CONSUMERS RETAIN ALL STATUTORY RIGHTS THAT CANNOT BE WAIVED BY CONTRACT.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Vocograph and its founders, officers, employees, agents, contractors, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform or any service obtained through the Platform; (b) any content you submit, upload, create, or deliver through the Platform; (c) your violation of these Terms or any applicable law or regulation; (d) your infringement of any intellectual property right, privacy right, or other right of any person or entity; or (e) your breach of any representation or warranty made in these Terms.

Without limiting the generality of the above, this indemnification obligation specifically covers claims arising from the following scenarios: a creator delivering a voice autograph that contains defamatory statements about an identifiable third party; a fan uploading a photo of a third party without that person's consent; a creator impersonating another artist, celebrity, or public figure in their recording; a fan submitting a personal message that requests harmful, fraudulent, or unlawful content involving a third party; and a creator accepting payment off-Platform in circumvention of these Terms.

Vocograph reserves the right, at its own expense and in its sole discretion, to assume exclusive control of the defense and settlement of any matter subject to indemnification by you. You agree to cooperate fully with Vocograph in the defense of any such claim. You may not settle any such claim without Vocograph's prior written consent.

These Terms and any dispute arising out of or relating to them or your use of the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For users located in the United States: Before initiating any formal dispute resolution proceeding, you agree to provide Vocograph with written notice of your dispute at [email protected] and engage in a 30-day informal good-faith negotiation period. If the dispute is not resolved within that period, it shall be submitted to binding individual arbitration administered by the American Arbitration Association ("AAA"). For consumer disputes, the AAA Consumer Arbitration Rules then in effect shall apply; for business-to-business disputes, the AAA Commercial Arbitration Rules then in effect shall apply. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. For any arbitration claim where the total amount in dispute is $10,000 or less, Vocograph will pay all AAA filing fees, administrative fees, and arbitrator compensation, regardless of the outcome. For claims exceeding $10,000, AAA fee allocation shall be governed by the applicable AAA rules. YOU AND VOCOGRAPH EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm. For US residents, claims within the jurisdictional limits of a small claims court may be brought in small claims court in the county of your residence without first engaging in informal negotiation or arbitration. Users located outside the United States should refer to the dispute resolution provisions applicable to their jurisdiction as described above.

For users located in the European Union: You acknowledge that the mandatory arbitration clause above is not enforceable against you as an EU consumer under applicable EU law. You retain the right to bring claims before the courts of the EU member state in which you reside, in accordance with applicable mandatory consumer protection laws. The Online Dispute Resolution platform operated by the European Commission may also be available to you at https://ec.europa.eu/consumers/odr/. Nothing in these Terms limits any mandatory consumer rights you hold under the law of your EU member state.

For users located in the United Kingdom: You acknowledge that the mandatory arbitration clause above may not be enforceable against you as a UK consumer to the extent prohibited by UK law, including the Consumer Rights Act 2015. You retain the right to bring claims before the courts of England and Wales, Scotland, or Northern Ireland as applicable to your place of residence, in accordance with your mandatory consumer protection rights under UK law. Nothing in these Terms limits any mandatory consumer rights you hold under the law of the United Kingdom.

For users located in other jurisdictions with mandatory consumer protection laws that supersede contractual dispute resolution clauses, those mandatory laws shall apply to the extent required.

Vocograph reserves the right to modify, update, or replace these Terms at any time in our sole discretion. We may change any aspect of the Platform, including its features, rules, pricing structure, and policies, at any time. For material changes to these Terms — including any change that expands a user's liability or obligations, reduces a user's rights or remedies, imposes new or increased fees, modifies the arbitration or dispute resolution provisions, alters the limitations of liability, or changes creator payout terms — we will provide at least 30 days' advance notice to registered users via notice posted on the Platform and at vocograph.com/fees where applicable. We will also endeavor to notify registered users by email, but email delivery is not guaranteed and does not affect the validity of the notice. Non-material changes or clarifications may be made without prior notice.

The version date of the currently applicable Terms is tracked in our database and displayed in the Platform. Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of those updated Terms. If you do not agree to the updated Terms, you must stop using the Platform before the effective date.

For creators specifically: if a material change to these Terms imposes a new or increased platform fee, modifies payout terms, or materially alters your obligations as a creator, you will receive advance notice as described above. If you do not accept the updated Terms, you may close your creator account and withdraw any available earnings through Stripe Connect before the effective date of the change. Continued use of the creator account after the effective date constitutes acceptance of the new terms.

For general legal inquiries, Terms of Service questions, privacy matters, and account disputes, please contact Vocograph at: [email protected]. We endeavor to respond to all legal inquiries within 10 business days, though we cannot guarantee a specific response timeline. Response times may be longer for complex matters or during periods of high volume.

For DMCA-related notices and counter-notices, our designated agent is Vocograph Legal, reachable at [email protected]. DMCA notices must meet all requirements set forth in Section 13 of these Terms to be valid.

For official legal notices that are intended to have formal legal effect — including notices of breach, pre-litigation demands, and service of process — notices must be delivered in writing to [email protected] with a subject line clearly stating "FORMAL LEGAL NOTICE" and must include the full name, address, and contact information of the sending party or their legal representative. Notices sent by email are deemed received on the date they are sent to the correct address, provided no delivery failure notification is received. Vocograph's failure to respond to any communication does not constitute a waiver of any right.

Vocograph does not guarantee that the Platform will be available at all times or that access will be uninterrupted, error-free, or free from technical failures. We reserve the right to perform maintenance, implement updates, or temporarily suspend service at any time without prior notice, and we shall not be liable for any disruption or loss arising from such interruptions.

Vocograph does not guarantee the perpetual availability of the Platform or your digital collectibles. The Platform may be permanently discontinued at any time. In the event of a planned permanent discontinuation of the Platform, Vocograph will use commercially reasonable efforts to provide at least 90 days' advance notice to registered users via notice posted on the Platform and, where practicable, by email, and to make all delivered digital collectibles available for download by their respective owners during that notice period. However, this commitment is a statement of intent and does not constitute a binding obligation or warranty of any kind. Vocograph's ability to honor this commitment may be limited by financial, legal, or operational circumstances beyond its control.

Your digital collectibles are stored using third-party cloud infrastructure, including Cloudflare R2 object storage. Availability and integrity of stored files depends on the continued operation of these third-party services. Vocograph is not responsible for data loss, corruption, or inaccessibility caused by third-party infrastructure failures, service changes, or outages. We encourage you to download and retain personal copies of your delivered voice autograph collectibles for safekeeping. Vocograph shall not be liable for any loss of access to collectibles resulting from Platform shutdown, cloud storage outages, or any other cause.

Vocograph shall not be liable to you or to any third party for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay arises from causes beyond our reasonable control, including but not limited to: outages, failures, or degraded performance of third-party infrastructure services including AWS, Cloudflare, Supabase, Stripe, or other providers upon which the Platform depends; acts of government, regulatory orders, or changes in applicable law that make operation of the Platform unlawful or commercially impracticable; natural disasters, pandemics, or other acts of God; cyberattacks, distributed denial-of-service attacks, ransomware, or other malicious interference with Platform operations; or widespread internet infrastructure failures.

In the event that a force majeure event prevents the fulfillment of a pending voice autograph order — whether because the Platform becomes inaccessible or because the processing infrastructure is unavailable — any outstanding payment authorization holds associated with unfulfilled orders will be released to the extent technically feasible, and neither Vocograph nor the creator shall bear further liability to the fan in connection with that order. If a force majeure event affects the Platform for an extended period, Vocograph may, at its sole discretion, suspend, modify, or terminate the Platform's operations, and this shall not constitute a breach of these Terms.