GenFM Terms

Last Updated: 6 December 2024

PLEASE READ THESE SERVICE-SPECIFIC TERMS CAREFULLY.

These GenFM Terms (“Service Terms”) supplement your (“you”, “your” or “Customer”) existing agreement with ElevenLabs or, if no separate agreement exists, the ElevenLabs Terms of Service (either, the “Underlying ElevenLabs Agreement”). Your use of GenFM (defined below) is also subject to our Prohibited Use Policy and our Privacy Policy. Defined terms used in these Service Terms have the meanings set forth in the Underlying ElevenLabs Agreement.

Please read these Service Terms carefully. By using GenFM you agree to these Service Terms. If you do not agree or do not have the authority to agree, you are not permitted to use GenFM. These Service Terms constitute a legally binding contract between you and ElevenLabs. In case of any conflict between these Service Terms and other terms agreed upon between you and ElevenLabs, these Service Terms shall prevail with respect to your access or use of GenFM. 

THESE SERVICE TERMS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 6.

1. GENFM. “Projects” is a service offered by ElevenLabs that enables the generation of audio content from your written text  and it includes various features like GenFM. “GenFM” is a feature made available within Projects that enables the generation of personal podcasts with multiple interactive AI voice agents for you based on the text or content you enter into the Services. GenFM is powered in part by one or more third-party LLM providers (“LLM Provider”). By using GenFM, you acknowledge and agree that you are using the service for your personal and non-commercial use and that you may interact with and direct information to these LLM Providers. Notwithstanding the foregoing sentence, if you are on an Enterprise plan, you may use GenFM for commercial purposes.
2. INPUT. By submitting any Input through GenFM, you represent and warrant that you own, control, or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow ElevenLabs to use) such Input in connection with GenFM. You further represent and warrant that your submission of Input in connection with your use of the Services, including to generate Output, will not violate any applicable law or any third party’s terms, conditions or rights associated with such Input. 
3. OUTPUT. By generating any Output through GenFM, you acknowledge and agree that: 
4. 1. given the probabilistic nature of machine learning, use of GenFM may, in some situations, result in Output that does not accurately reflect real people, places, facts, or even the provided Input. 
   2. you shall review all Output generated by GenFM for correctness and suitability prior to using or sharing it in connection with your use case. Where necessary, you shall employ  human review to ensure all Output meets the required standards.
   3. you should not rely on Output from GenFM as truth or fact, or as a substitute for professional advice.
   4. you may be provided Output that is inaccurate, incomplete, or offensive. Such Output does reflect the views or opinions of ElevenLabs. Additionally, any references to third parties within the Output do not imply endorsement, affiliation, or approval by the third party or ElevenLabs.
4. RESTRICTIONS. Customer shall not, and shall not permit its End Users (defined below) to: 
5. 1. represent that Output was human generated when it was not. 
   2. use GenFM or LLM Provider services hereunder in a manner that violates any applicable laws or infringes, misappropriates or otherwise violates any party’s intellectual property rights;
   3. modify or create derivative works of GenFM or LLM Provider services;
   4. reverse assemble, reverse compile, reverse engineer, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of GenFM or those of an LLM Provider (except to the extent such restrictions are contrary to applicable law, in which case, 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’ source code for GenFM to ensure ElevenLabs’ (and our suppliers’) proprietary rights in such source code are protected); 
   5. use GenFM or LLM Provider services hereunder to develop foundation models or other large-scale models that compete with the Services or LLM Provider services; or
   6. provide as Input to GenFM or otherwise submit or make accessible to ElevenLabs any financial account identifiers (e.g., credit card numbers or bank account numbers), government issued identifiers (e.g., social insurance numbers, health card numbers) or other types of sensitive data that is subject to specific or elevated data protection requirements, including without limitation protected health information (“Prohibited Data”), unless ElevenLabs has expressly agreed in writing that it can comply with such requirements. If such Prohibited Data is submitted, ElevenLabs reserves the right to delete it at its sole discretion.
5. NO PROFESSIONAL OR MEDICAL ADVICE. OUTPUT GENERATED BY GENFM 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. CUSTOMER AGREES NOT TO RELY ON SUCH OUTPUT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. ALWAYS SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. ELEVENLABS DISCLAIMS ALL LIABILITY FOR ANY ACTIONS TAKEN BASED ON OUTPUT GENERATED BY CONVERSATIONAL AI. ANY RELIANCE ON OUTPUT IS SOLELY AT CUSTOMER’S OWN RISK.
6. ADDITIONAL DISCLAIMERS. Your use of GenFM, including the LLM Provider utilized in providing the GenFM service, is provided “as is” and “as available” without warranties of any kind, either express or implied. ElevenLabs disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ElevenLabs does not represent or warrant that GenFM or any content provided therein or therewith (including the LLM Provider services) are accurate, complete, reliable, current, or error-free or that access to GenFM or any content provided therein or therewith (including the LLM Provider services) will be uninterrupted. While ElevenLabs attempts to make your use of GenFM and any content provided therein or therewith (including the LLM Provider services) safe, we cannot and do not represent or warrant that GenFM or any content provided therein or therewith (including the LLM Provider services) are free of viruses or other harmful components or content or materials. All disclaimers of any kind are made for the benefit of all ElevenLabs and ElevenLabs’ respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as our and their respective successors and assigns. Due to the nature of machine learning, the Output generated by you using the GenFM service may not be unique across users, as the GenFM service may produce the same or similar Output for you and a third party. Two different parties may receive the same or similar Output after submitting their respective Inputs. Responses requested by and generated for other users that are not you shall not be considered Output for you, and you shall have no right or title over it.