Beta Services Addendum
Beta Services Addendum
Updated 25 October 2024
This Beta Services Addendum (“Addendum”) supplements the ElevenLabs Terms of Service (“Terms of Service”) and, together with the Terms of Service, applies to your use of our Beta Services (defined below). Your use of the Beta Services is also subject to our general Prohibited Use Policy and our Privacy Policy. Defined terms used in this Addendum have the meanings set forth in the Terms of Service.
Please read this Addendum carefully. If you do not agree to these terms or if you do not have such authority, you may not use the Beta Services. These terms are a legally binding contract between you and ElevenLabs. In the event of any conflict between this Addendum and any other terms agreed to between you and ElevenLabs, this Addendum shall prevail with respect to your access or use of the Beta Services during the Beta Services testing phase.
THIS ADDENDUM CONTAINS VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 8.
1. Beta Services. From time to time, ElevenLabs may make available services or functionality to you that are not generally made available to ElevenLabs customers and/or are designated as alpha, beta, pilot, preview, or similar designation (“Beta Services”). The purpose of this Beta Services testing is to evaluate the functionality, performance, and usability of the Beta Services. Beta Services are not considered “Services” under the Terms of Service. By accepting this Addendum or accessing or using the Beta Services, you understand, acknowledge and agree that the Beta Services identified above (a) is in the Beta Services stage of development, which means it is not a final product and may contain defects, bugs, and other issues; and (b) is being provided solely on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, and may be modified or discontinued in our sole discretion. We may deliver certain aspects of the Beta Services with third parties. By using the Beta Services, you acknowledge and agree that you may interact with and direct information to these third-party service providers. YOU ASSUME ALL RISKS AND COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING WITHOUT LIMITATION ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Additionally, we are not obligated to provide any maintenance, technical or other support for the Beta Services.
2. Personal Information. You shall not provide any personal information to ElevenLabs in connection with your access to or use of the Beta Services. To the extent you submit any personal information during the Beta Service testing phase, we will endeavor to handle that in accordance with our Privacy Policy.
3. Limited License and Restrictions. Subject to your compliance with this Addendum, ElevenLabs hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Beta Services solely for the purpose of Beta Services testing. As a condition of use, you agree not to (and not to permit any third party to) use the Beta Services for any purpose that is prohibited under this Addendum or Terms of Service (including the Prohibited Use Policy). You agree not to (and agree not to permit any third party to): (a) use the Beta Services for any commercial purposes or in any production environment; (b) except to the extent permitted by applicable law, modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, reverse compile, decompile, engage in model extraction or stealing attacks, or otherwise attempt to decipher any code in connection with the Beta Services or any other aspect of ElevenLabs technology. Notwithstanding subpart (b) of the immediately preceding sentence, if you reside in a jurisdiction that expressly prohibits such restrictions, you must provide ElevenLabs with advance written notice prior to engaging in any such activities, and ElevenLabs may, in its discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on such use of ElevenLabs’ code for our Beta Services to ensure ElevenLabs’ (and our suppliers’) proprietary rights in such code are protected. ElevenLabs retains ownership of the Beta Services, and except as expressly set forth herein, no other rights or licenses are granted, or to be implied, under any ElevenLabs intellectual property.
4. Feedback and Contact From ElevenLabs. Your Feedback is critical to the development and improvement of the Beta Services. You agree to provide timely Feedback on the Beta Services as requested by ElevenLabs. All Feedback provided by you shall be the property of ElevenLabs, and ElevenLabs shall have the right to use such Feedback for any purpose without any compensation to you. You waive any moral and similar rights relating to Feedback that you may have under any applicable law.
5. Confidentiality. “Confidential Information” means any and all information disclosed by us to you, or accessed or provided by you, relating to the Beta Services, including your use thereof, the relationship contemplated herein, and Feedback, except to the extent made public by us. You agree that you: (a) will not use any Confidential Information other than as necessary to access or use the Beta Services hereunder; (b) will maintain Confidential Information in strict confidence and will use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of this Addendum and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person’s or entity’s compliance with, and breach of, the confidentiality terms herein. You will not make any public announcements related to the Beta Services without our prior written approval, which we may grant or withhold in our sole discretion in each instance. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information hereunder.
6. Disclaimer of Warranties. ELEVENLABS IS PROVIDING THE BETA SERVICES TO YOU SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR ACCESS TO AND USE OF THE BETA SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ELEVENLABS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. ELEVENLABS MAKES NO WARRANTY THAT THE BETA SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE BETA SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES ELEVENLABS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BETA SERVICES, OR THE COMPLETENESS OR ACCURACY OF ANY OUTPUT OBTAINED THROUGH THE BETA SERVICES. THE BETA SERVICES MAY PROVIDE INCOMPLETE, INCORRECT, OR OFFENSIVE OUTPUT THAT DOES NOT REPRESENT ELEVENLABS’ VIEWS. THE BETA SERVICES AND ITS USE MAY RESULT IN LOSS OF DATA, DATA MODIFICATION, OR OTHER UNPREDICTABLE DAMAGE OR LOSS TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. No Professional or Medical Advice. OUTPUT GENERATED BY THE BETA SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE IN ANY FIELD, INCLUDING WITHOUT LIMITATION MEDICAL, LEGAL, ACCOUNTING, FINANCIAL, INVESTMENT, OR PSYCHOLOGICAL ADVICE. YOU AGREE NOT TO RELY ON SUCH OUTPUT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE FROM A QUALIFIED PROFESSIONAL. ELEVENLABS DISCLAIMS ALL LIABILITY FOR ANY ACTIONS TAKEN BASED ON OUTPUT GENERATED BY THE BETA SERVICES. ANY RELIANCE ON OUTPUT IS SOLELY AT YOUR OWN RISK.
8. Limitation of Liability and Indemnification.
a. NOTWITHSTANDING (AND IN FURTHER LIMITATION OF) THE LIABILITY CAP SET FORTH IN THE TERMS OF SERVICE, ELEVENLABS’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS ADDENDUM OR THE BETA SERVICES IS LIMITED TO ONE HUNDRED DOLLARS ($100.00).
b. To the fullest extent permitted by applicable law, you will indemnify, defend (at our option), and hold harmless ElevenLabs and our officers, directors, agents, partners, licensors, employees and agents from and against any Claims arising out of or related to (i) your access to or use of the Beta Services; (ii) your Content or Feedback; (iii) your breach of this Addendum; (iv) your violation of applicable laws, rules, regulations, or our Prohibited Use Policy in connection with your use of the Beta Services; (v) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (vi) your conduct in connection with the Beta Services or your Content.
9. Your Content.
a. For clarity, by providing Input to ElevenLabs through your access or use of the Beta Services, ElevenLabs may use such Input, as well as any User Voice Models and Output, to provide, maintain and develop the Beta Services (including the trust and safety features therein), improve the Beta Services, develop new services and products, comply with applicable law, enforce our Terms, and keep the Beta Services safe and secure.
b. You represent, warranty and covenant that your use of the Beta Services will be in compliance with all applicable laws, rules and regulations, including all applicable privacy laws and regulations; and (i) you are either the owner of, or otherwise have the necessary rights and licenses to use and to authorize ElevenLabs to use, the Inputs in any manner contemplated by this Addendum, or (ii) you have the written consent, release, or permission of each and every natural person that appears in or is included in the Input to use the personal data and likenesses (including voices or any other likeness in audio content) of each such person to enable inclusion and use of Content in any manner contemplated by this Addendum, including for the purposes of using the Beta Services as contemplated by this Addendum.
10. Term, Termination and Modification.
a. This Addendum commences on the date you indicate your acceptance to the Terms, or enable or use the Beta Services, whichever is earlier, and will remain in effect for so long as you use the Beta Services until general release to the public.
b. ElevenLabs reserves the right to modify or terminate the Beta Services or your use thereof, or to limit or deny access to the Beta Services, at any time, in our sole discretion, for any reason, without any liability or additional notice to you.
c. You acknowledge and agree that ElevenLabs may never make the Beta Services generally available as part of, or an add-on to, the Services, and that your decision to purchase the Services was not and is not contingent on the delivery of, or any future functionality or features within, the Beta Services.
11. Amendments. ElevenLabs reserves the right to modify this Addendum at any time. Any changes will be posted on the ElevenLabs’ website or communicated to you through other means. Your continued use of the Beta Services after such changes constitutes your acceptance of the new Terms.
12. Contact Information. If you have any questions or concerns about this Addendum or the Beta Services, please contact us at legal@elevenlabs.io.