ElevenScribe Terms

ElevenScribe Terms of Service

Updated August 21, 2026

These ElevenScribe Terms of Service (these “Terms”) are between you (“you” or “your”) and Eleven Labs Inc. (“ElevenLabs”, “we”, “us”, or “our”). By accessing or using ElevenScribe (defined below) in any way, including by installing (as applicable) ElevenScribe or transcribing your speech to text using ElevenScribe, you agree to be bound by these Terms. If you do not agree, you are not permitted to use ElevenScribe. These Terms constitute a legally binding contract between you and ElevenLabs and apply to the ElevenScribe desktop and mobile apps, ElevenScribe browser extensions, and any other ElevenScribe products or services that we may make available from time to time.

IF YOU SUBSCRIBE TO ELEVENSCRIBE FOR A TERM, THEN YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY FOR ADDITIONAL PERIODS OF THE SAME DURATION AT ELEVENLABS’ THEN-CURRENT FEE FOR THE APPLICABLE PLAN UNLESS YOU CANCEL IN ACCORDANCE WITH SECTION 5.

THESE TERMS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 11.

SECTION 12 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND ELEVENLABS. ADDITIONALLY, SECTION 12 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND ELEVENLABS SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 12 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 12 CAREFULLY. UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS SET FORTH IN SECTION 12: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST ELEVENLABS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Your use of ElevenScribe is subject to our Prohibited Use Policy; the ElevenScribe Privacy Policy, which describes how we collect, use, and disclose personal data in connection with ElevenScribe; and any other terms and conditions disclosed with ElevenScribe.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of those changes by any reasonable means, such as by sending an email, providing a notice through ElevenScribe, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of ElevenScribe after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using ElevenScribe.

1. ELEVENSCRIBE.
2. 1. “ElevenScribe” is the product and service offered by ElevenLabs that allows you to record and capture your speech (“Input”) and receive text transcription of such Input (“Output” and together with “Input”, your “Content”). ElevenScribe may include features that automatically modify Output, for example, to apply formatting (such as bullet points or numbered lists) or to clean up filler words and add punctuation based on pauses in spoken audio.
   2. ElevenScribe may be powered in part by one or more third-party large language model providers (“LLM Provider”). By using ElevenScribe, you acknowledge and agree that you may interact with and direct information to these LLM Providers and that you must comply with applicable LLM Provider policies.
   3. ElevenLabs (and, if applicable, its LLM Providers) will process your Input only to generate Output and to provide, secure, and support ElevenScribe. Processing may include filtering for quality or safety purposes. ElevenLabs will not store or retain your Input or Output after delivery of the Output to you except as necessary to provide ElevenScribe or as required by applicable law. ElevenLabs will not use the Input that you submit, provide, or make available to, or the Output that is generated by, ElevenScribe to develop, train, fine-tune, test, or improve ElevenLabs’ machine learning or artificial intelligence models.
2. ELIGIBILITY AND USE RESTRICTIONS.
3. 1. Age. If you are under 18 years of age (or the age of legal majority where you live), you may not use ElevenScribe.
   2. Personal Use. ElevenScribe is available to you solely for your individual, personal use. 
   3. Use Restrictions. Your use of ElevenScribe and your Inputs must at all times comply with these Terms and our Prohibited Use Policy.
   4. 1. You may only use ElevenScribe for lawful and authorized purposes. Without limiting the foregoing, you may not use ElevenScribe for or in connection with (A) covert recording or surveillance; (B) harassment, stalking, intimidation, or discrimination; (C) impersonation or fraud; (D) generating content that infringes or misappropriates any third-party rights; or (E) any activity that violates applicable laws or regulations or the privacy or other legal rights of any person.
      2. You cannot use ElevenScribe to transcribe recorded audio or any other content that you do not have the rights or permissions to provide to us.
   4. Free and Paid Users. ElevenScribe may be offered to you under a free plan or on a subscription basis. You will be permitted to access and use ElevenScribe for different amounts of time depending on whether you sign up for a free plan or on a subscription basis, and ElevenLabs may set limits on the total amount of time that you may use ElevenScribe in a given period of time. With respect to users under a free plan, ElevenLabs may change the amount of time that ElevenScribe is available for use, at any time and in its sole discretion. With respect to users who sign up for ElevenScribe on a subscription basis, ElevenLabs may change the amount of time that ElevenScribe is available for use in accordance with Section 5 (Paid Subscriptions).
3. PERSONAL DATA. You may provide certain information to ElevenLabs in connection with your access to or use of ElevenScribe, or we may otherwise collect certain information about you when you access or use ElevenScribe. You agree to receive communications from ElevenLabs via ElevenScribe using the email address or other contact information you provide in connection with ElevenScribe. You represent and warrant that any information that you provide to ElevenLabs in connection with ElevenScribe is accurate. For information about how we collect, use, share, and otherwise process information about you, please review the ElevenScribe Privacy Policy. You acknowledge that ElevenLabs may process personal data relating to the operation, support, or use of ElevenScribe for our own business purposes, such as billing, account management, technical support, security, and compliance with law, in each case as described in the ElevenScribe Privacy Policy and subject to Section 1(c). 
4. ACCOUNTS. We may require that you create an account in order to use some or all of ElevenScribe. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If your account is closed or terminated, you will forfeit any unused usage allowance associated with your account.
5. SUBSCRIPTIONS.
6. 1. Paid Subscriptions. ElevenLabs offers paid subscription plans through App Stores (e.g., Apple App Store or Google Play) and directly from ElevenLabs through our web application or the ElevenScribe desktop app using a third-party payment processor (e.g., Stripe). The channel through which you purchase determines how your subscription is billed, managed, canceled, and refunded, as described in this Section 5. Certain plans may be offered on a usage-based, trial, or beta access basis and may be subject to additional terms presented to you at sign-up. References in these Terms to the “ElevenScribe Pricing Page” mean the then-current plan, pricing, and usage details that we make available for ElevenScribe, whether on a standalone ElevenScribe pricing page, in the pricing section of the ElevenScribe website or landing page, in ElevenScribe, or at the point of purchase through the applicable App Store. This Section 5 does not apply where your access to ElevenScribe is provided under a separate written agreement between ElevenLabs and an organization, in which case that agreement and any applicable order form govern fees, invoicing, plan entitlements, cancellation, and refunds. 
   2. 1. The length of your recurring subscription will be provided when you make your purchase. Subscriptions renew automatically at the end of each billing period (monthly or annually, depending on your selection) unless canceled at least twenty-four hours before renewal. By subscribing, you authorize your applicable payment processor to charge your account for the subscription fee and any applicable renewal periods. In the event that ElevenLabs is unable to charge your payment method(s) as authorized by you when you enrolled in a subscription plan, ElevenLabs may in its sole discretion either suspend your access to the subscription plan until payment is received or seek to update your payment method information through third-party sources (i.e., your bank or a payment processor) to continue charging your payment method as authorized by you. Refunds are subject to Section 5(d) (Refunds and Cancellations) below.
      2. Each paid plan includes a usage allowance for the applicable billing or usage period, as described on the ElevenScribe Pricing Page. For any plan described or marketed as offering “unlimited usage,” you acknowledge and agree that such usage is subject to reasonable use limits designed to preserve platform stability and fair access for all users, as described on the ElevenScribe Pricing Page or otherwise disclosed to you. ElevenLabs may monitor usage and may suspend, restrict, or throttle access where usage materially exceeds ordinary individual use or is otherwise abusive. ElevenLabs may, but is not obligated to, permit usage beyond your plan allowance, and any such accommodation does not modify your plan allowance or entitle you to similar accommodation in the future.  
   2. Price Changes. We may modify pricing for paid subscriptions from time to time. If the price of your current paid subscription plan will increase, we will provide you with at least thirty (30) days’ advance notice using the contact information associated with your account or by displaying the updated pricing in ElevenScribe, and any increase will take effect at the start of your next subscription term following such notice. Changes that do not increase the price you currently pay (for example, price decreases, promotional reductions, or changes to pricing for plans you are not currently enrolled in) may take effect sooner, provided we give you notice before the effective date and, in any event, before your next billing cycle. Continued use of the subscription after the effective date of a price change constitutes your agreement to the new price, unless applicable law or App Store policy requires your express consent. If you do not agree to a price change, you may cancel your subscription before the next renewal period as described in these Terms. Price changes will not apply retroactively. From time to time, we may offer discounted introductory pricing or free trial periods for eligible users. Unless otherwise stated, subscriptions purchased through such offers will automatically renew at the then-current rate at the end of the trial or discount period, unless canceled in accordance with these Terms.
   3. Plan Availability; Discontinuation; Grandfathering. We may introduce, modify or discontinue specific subscription plans or plan features from time to time. If we discontinue a plan from new sale, existing subscribers enrolled in that plan will continue to receive their then-current plan pricing and core inclusions through the end of the period for which they have paid. For prepaid annual subscribers, no additional charges will be imposed during the prepaid term. We may, at our discretion, provide complimentary upgrades or additional benefits (for example, enhanced perks) to existing subscribers during their paid-through period; such complimentary enhancements do not increase the price you pay, do not create any obligation for continued availability beyond the paid-through period, and may be modified or discontinued at renewal. After the paid-through period ends, we may offer you a migration to a then-available plan at the then-current price. We will provide reasonable notice of any required migration, including notice before your next billing cycle. For clarity, if any migration would increase the price you pay for your current paid subscription plan, we will provide at least thirty (30) days’ advanced notice as described in Section 5(b) (Price Changes). The price for your current subscription plan will remain in force for the duration of the period for which you have already paid. After that period ends, your continued enrollment will be charged at the then-current subscription price unless you cancel as described in these Terms.
   4. Refunds and Cancellations. 
   5. 1. Mobile App Purchases of Subscriptions. If you purchase a subscription through an App Store (e.g., Apple App Store or Google Play), your transaction is processed by the applicable App Store provider. ElevenLabs does not issue refunds for these purchases. All cancellations and refunds requests for such purchases must be made directly through that App Store in accordance with its then-current policies (e.g., if your purchase was through the Apple App Store, please consult the Apple App Store’s refund policy, or if your purchase was through Google Play, please consult Google’s Refund Policy). Subscriptions purchased via App Stores may be canceled at any time through your App Store account settings. Cancellation prevents future charges but does not entitle you to a refund or prorated credit for the current billing period or unused time, except as required by applicable law. Following cancellation, you will continue to have access to your subscription through the end of your current billing period.
      2. Direct Purchases of Subscriptions. If you purchase a subscription directly from ElevenLabs, whether through our web application or the ElevenScribe desktop app, payment is processed by our third-party payment processor. You may cancel your subscription at any time via your account settings or by contacting us by submitting a request to ElevenLabs Support. Cancellation will take effect at the end of the current billing period. For subscriptions purchased directly from ElevenLabs, you may request a refund within fourteen (14) days of payment provided you have not used any portion of your usage allowance for the period to which the refund relates. Except as required by applicable law, refunds are not otherwise offered for subscriptions purchased directly from ElevenLabs.  
      3. Refunds. Except as provided in Section 5(d)(ii) or where required by applicable law or App Store policy, refunds are discretionary and determined by ElevenLabs for subscriptions purchased directly from ElevenLabs and by the applicable App Store for subscriptions purchased through an App Store. Decisions by App Stores regarding refunds for purchases made through them are final.  If a refund is granted, your license and access to ElevenScribe will be revoked when the refund is processed.
      4. Abuse, Limits, and Verification. ElevenLabs may deny or limit refunds in cases of suspected abuse, fraud, excessive refund frequency, chargebacks, or violation of these Terms. Attempts to circumvent measures may result in denial of a refund. ElevenLabs may request additional information to verify eligibility and usage prior to processing a refund.
      5. Timing. ElevenLabs endeavors to process eligible refunds promptly; bank processing times vary. Certain taxes may be refunded where legally required.
   5. Managing Subscriptions. Subscriptions purchased via App Stores must be managed directly through the applicable App Store provider (e.g., Apple App Store or Google Play). Subscriptions purchased directly from ElevenLabs may be managed via your ElevenScribe account settings or by contacting support by submitting a request to ElevenLabs Support. ElevenLabs cannot cancel, modify, or issue refunds for subscriptions purchased through third party App Stores.
   6. Modifications. ElevenLabs may modify or discontinue any subscription plan, pricing, or feature upon reasonable notice appropriate to the change, which may include email, push notifications, in-app banners, or posting updates in ElevenScribe or on the ElevenScribe Pricing Page. For material adverse changes to features or benefits of your current paid subscription plan, we will provide at least thirty (30) days’ advance notice and such changes will take effect at the start of your next subscription term, unless otherwise required by applicable law or App Store policy. Your continued use of ElevenScribe after such changes constitutes your acceptance.
   7. Taxes. Prices for subscriptions and paid features may be displayed inclusive or exclusive of applicable taxes depending on your location and platform. You are responsible for any applicable taxes, levies, or duties arising from your purchases, other than based on ElevenLabs’ net income. We may collect and remit applicable taxes where required by law. If you are subject to Japanese Consumption Tax (“JCT”) under the reverse charge mechanism, you are solely responsible for self-assessing, reporting, and remitting the applicable JCT to the relevant tax authority, and ElevenLabs will not charge or remit JCT on your behalf.
   8. Your Statutory Rights. Nothing in this Section 5 limits or excludes any non-waivable rights you may have under the consumer protection laws of your country of residence, including any statutory right of withdrawal or cancellation, any statutory refund right, or any statutory notice or renewal-reminder requirement. Where applicable law requires a different outcome than this Section 5 provides, that law will govern to the extent of the conflict.
6. CONTENT; MODELS.
7. 1. Inputs and Outputs. When you provide Input to ElevenScribe, ElevenScribe will generate Outputs based on the Input. If you choose to make any of your information publicly available through ElevenScribe or otherwise, you do so at your own risk.
   2. Rights to your Content. Except as expressly set forth herein, as between you and ElevenLabs, you retain all rights in and to your Content. For the avoidance of doubt, Output may be generated by, but does not include, ElevenLabs’ foundational and other artificial intelligence or large language models (“Models”).
   3. License to Your Input. You hereby grant to ElevenLabs a license to use your Input to provide, secure, and support ElevenScribe (including the trust and safety features therein). Such license is: (i) nonexclusive (which means you can license your Input to others), (ii) royalty-free and fully paid (which means there are no monetary fees for this license), (iii) worldwide (which means it’s valid anywhere in the world), and (iv) sublicensable, through multiple tiers (which means we can make it available to others).
   4. Responsibility for Output.  You acknowledge and agree that you, and not ElevenLabs, are solely responsible for reviewing and validating any Output before use or disclosure, and for determining whether ElevenScribe is appropriate for your intended use, including for compliance with applicable laws and regulations. Output generated by ElevenScribe, including Output modified by features provided on an automated basis, may not be accurate or complete.
   5. Sharing Output. You may share transcript Output generated by ElevenScribe with others in accordance with these Terms. You are solely responsible for any such sharing, including the appropriate configuration of any access, sharing, and retention settings, and for ensuring any such sharing complies with applicable law.
   6. No Prohibited Data. You may not provide any Input that includes any of the following (“Prohibited Data”): (i) protected health information as defined by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Pub. L. No. 104-191, except as permitted by an executed HIPAA Business Associate Agreement; (ii) financial account identifiers (e.g., credit card numbers or bank account numbers); (iii) government issued identifiers (e.g., social insurance numbers, health card numbers);  (iv) any other sensitive personal information (or analogous variations of such term under applicable law); or (v) any other data subject to specific or heightened data protection requirements under applicable law.
   7. Data Deletion and Opt Out. You may request for us to delete your personal data as required under applicable law. Please see our Privacy Policy for more information.
   8. Moderation. We have no obligation to monitor or review Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Content. However, we may apply filters, refuse to process, or delete any Content that we reasonably believe violates these Terms, our Prohibited Use Policy, or applicable law.
7. OUR INTELLECTUAL PROPERTY.
8. 1. Ownership. ElevenScribe, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein (excluding your Content), and all intellectual property rights therein and thereto, are owned by ElevenLabs or our licensors. Except as explicitly stated in these Terms, all rights in and to ElevenScribe, including all intellectual property rights therein and thereto, are reserved by us or our licensors.
   2. Limited License. Subject to your compliance with these Terms, ElevenLabs hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable and personal license to install (as applicable) and otherwise access and use ElevenScribe. For clarity, any use of ElevenScribe other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
   3. Trademarks. The name “ElevenLabs” and our logos, product or service names, slogans, and the look and feel of ElevenScribe are trademarks of ElevenLabs and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned or in connection with ElevenScribe are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
   4. Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about ElevenLabs or ElevenScribe (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the Feedback or ElevenScribe, or to improve or develop new products, services, or technologies in ElevenLabs’ sole discretion. ElevenLabs will exclusively own any improvements to, or new inventions based upon, ElevenScribe, or services based on the Feedback. You understand that ElevenLabs may treat any Feedback as nonconfidential.
8. THIRD-PARTY SERVICES.
9. 1. ElevenScribe relies on or interoperates with third-party products and services, including data storage services, communications technologies, third-party large language model providers, and internet and mobile operators (collectively, “Third-Party Services”). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of ElevenScribe.
   2. We have no obligation to monitor Third-Party Services, and we may block or disable access to any Third-Party Services (in whole or part) through ElevenScribe at any time. Your access to and use of such Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use ElevenScribe.
9. INDEMNIFICATION. To the fullest extent permitted by applicable law, you will indemnify, defend (at our option), and hold harmless ElevenLabs and our officers, directors, partners, licensors, employees, and agents from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to or use of ElevenScribe; (b) the Content or Feedback; and (c) your violation of these Terms. You will cooperate with ElevenLabs in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). ElevenLabs will have control of the defense or settlement, at ElevenLabs’ sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ElevenLabs.
10. DISCLAIMERS. YOUR USE OF ELEVENSCRIBE (INCLUDING THE THIRD-PARTY SERVICES) IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ELEVENSCRIBE (INCLUDING THE THIRD-PARTY SERVICES) 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. IN ADDITION, ELEVENLABS DOES NOT REPRESENT OR WARRANT THAT ELEVENSCRIBE (INCLUDING THIRD-PARTY SERVICES) AND THE OUTPUTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ACCESS TO ELEVENSCRIBE (INCLUDING THE THIRD-PARTY SERVICES) WILL BE UNINTERRUPTED. WHILE ELEVENLABS ATTEMPTS TO MAKE YOUR USE OF ELEVENSCRIBE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ELEVENSCRIBE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT OR MATERIALS. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION 10 AND ELSEWHERE IN THESE TERMS) 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 ELEVENSCRIBE MAY NOT BE UNIQUE ACROSS USERS, AS THE SERVICES 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.
11. LIMITATION OF LIABILITY. To the fullest extent permitted by applicable law, ElevenLabs will not be liable to you under any theory of liability (whether based in contract, tort, negligence, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if ElevenLabs has been advised of the possibility of such damages. The total liability of ElevenLabs for any claim arising out of or relating to these Terms or ElevenScribe, regardless of the form of the action, is limited to the greater of: (a) One Hundred United States Dollars ($100 USD); and (b) the amount paid by you to use ElevenScribe in the 12 months preceding the claim.
12. DISPUTE RESOLUTION; BINDING ARBITRATION. Please read this Section 12 carefully because it requires you and ElevenLabs to arbitrate certain disputes and claims and limits the manner in which we can seek relief from each other. Arbitration precludes you and ElevenLabs from suing in court or having a jury trial. You and ElevenLabs agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. ElevenLabs and you are each waiving the right to trial by a jury. Follow the instructions below if you wish to opt out of the requirement of arbitration on an individual basis. No class or representative actions or arbitrations are allowed under this arbitration agreement.
13. 1. Informal Dispute Resolution Prior to Arbitration. For any dispute or claim between you and ElevenLabs arising out of or relating in any way to your access to or use of ElevenScribe, any communications you receive, any products sold or distributed through ElevenScribe or these Terms and prior versions of these Terms, including claims and disputes that arose between you and us before the effective date of these Terms, or any privacy or data security claims, (collectively, “Disputes”, and each a “Dispute”), you and ElevenLabs agree to attempt to first resolve the Dispute informally via the following process:
    2. 1. If you assert a Dispute against ElevenLabs, you will first contact ElevenLabs by sending a written notice of your Dispute to ElevenLabs by email to legal@elevenlabs.io. If ElevenLabs asserts a Dispute against you, ElevenLabs will contact you by sending a written notice of ElevenLabs’ Dispute to you via email to the primary email address associated with your account.
       2. If you and ElevenLabs cannot reach an agreement to resolve the Dispute within 30 days after you or ElevenLabs receives the applicable notice, then either party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or ElevenLabs first send the applicable notice so that the parties can engage in this informal dispute-resolution process.
    2. Disputes Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or ElevenLabs, including any disputes in which you or ElevenLabs seek injunctive or other equitable relief for the alleged unlawful use of your or ElevenLabs’ intellectual property or other infringement of your or ElevenLabs’ intellectual property rights (“IP Disputes”), all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 12(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. The remedies and reliefs rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (i) the name, mailing address, email address, and telephone number of the party seeking arbitration and the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good faith calculation of the amount in controversy in United States dollars; (iv) a statement certifying completion of the informal dispute resolution process as described in Section 12(a) above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include such counsel’s name, mailing address, email address, and telephone number. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (A) the Request is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (B) the claims, defenses and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (C) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 

You and ElevenLabs agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or authorized representatives, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings strictly confidential. 

3. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email or by certified mail to the applicable address set out below. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.

Eleven Labs Inc.

Attn: Legal Department – Arbitration Opt-Out

169 Madison Ave #2484

New York, NY 10016

Legal@elevenlabs.io

4. Rejection of Future Arbitration Changes. You may reject any change we make to Section 12 (except address changes) by personally signing and sending us notice within 30 days of the change by certified mail addressed to: 

Eleven Labs Inc.

Attn: Legal Department – Arbitration Opt-Out

169 Madison Ave #2484

New York, NY 10016

If you do, the most recent version of Section 12 before the change you rejected will apply.

5. Severability. If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.
6. Waiver of Jury Trial. YOU AND ELEVENLABS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ElevenLabs are instead electing that all Disputes shall be resolved by arbitration under these Terms, except as specified in Section 12(b). 
7. Waiver of Class and Other Non-Individualized Relief. YOU AND ELEVENLABS AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 12(h), EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Section 12, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 12(h). Notwithstanding anything to the contrary in this Section 12, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief, you and ElevenLabs agree that the particular claim or request for relief, and only that particular claim or request for relief, shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This Section does not prevent you or ElevenLabs from participating in a class-wide settlement of claims.
8. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and ElevenLabs agree that in the event that there are 100 or more individual Requests of a substantially similar nature filed against ElevenLabs by or with the assistance of the same law firm, group of law firms, or organizations, within a 30 day period (or as soon as possible thereafter), JAMS shall: (i) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by ElevenLabs. 

You and ElevenLabs agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

13. GOVERNING LAW. These Terms and any Dispute will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Dispute is not subject to arbitration pursuant to Section 12, then the state and federal courts located in New York City, New York, will have exclusive jurisdiction. You and ElevenLabs waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you to the extent that local law conflicts with this section.
14. SUSPENDING AND TERMINATING YOUR ACCESS; MODIFYING OUR SERVICES. 
15. 1. ElevenLabs may restrict, suspend, or terminate your access to and use of ElevenScribe if you (A) circumvent any safeguards or otherwise pose a security, safety, or operational risk to ElevenScribe or the Services; (B) violate these Terms, our Prohibited Use Policy or applicable law; or (C) materially interfere with the operation of ElevenScribe.
    2. We may: (a) modify, impose limits on, replace, upgrade, update, suspend, or terminate providing all or part of ElevenScribe at any time; (b) charge, modify, or waive any fees required to use ElevenScribe; or (c) offer opportunities to some or all end users of ElevenScribe, each of (a) through (c) without any liability or additional notice to you. All modifications and additions to ElevenScribe will be governed by the Terms, unless otherwise expressly stated by ElevenLabs in writing. We are not responsible for any loss or harm related to your inability to access or use ElevenScribe.
15. EXPORT CONTROL. You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent and warrant that you are not located in a country or territory that is subject to economic sanctions or trade embargoes imposed by the U.S. Government (including Belarus, Cuba, Iran, North Korea, Russia, Syria, and the annexed regions of Ukraine), that you are not listed or identified on any U.S. Government list of sanctioned individuals, that you will comply fully with all relevant export laws and regulations of the United States and other international trade laws applicable to your use of ElevenScribe.
16. MISCELLANEOUS.
17. 1. ElevenLabs’ failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
    2. The section titles in these Terms are for convenience only and have no legal or contractual effect. Lists of examples following “including” or “e.g.” or similar words are not exhaustive (that is, they are interpreted to include “without limitation”). All monetary amounts are expressed in U.S. dollars. URLs are understood to also refer to successor URLs, URLs for localized content, and information or resources linked from within the websites at the specified URLs. The word “or” will be deemed an inclusive “or”.
    3. If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (iii) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
    4. If you have a question or complaint regarding ElevenScribe, please send an email to team@elevenlabs.io. You may also contact us by writing to:

Eleven Labs Inc.

169 Madison Ave #2484

New York, NY 10016

Note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

17. ADDITIONAL TERMS APPLICABLE TO MOBILE DEVICES. If you download our mobile application associated with ElevenScribe (“Mobile App”) from an app store or distribution platform (each, an “App Store”), you acknowledge and agree that the availability of the Mobile App and ElevenScribe is dependent on the App Store from whom you received the Mobile App license, and that these Terms are between you and ElevenLabs and not with the App Store. ElevenLabs, not the App Store, is solely responsible for ElevenScribe, including the Mobile App. In order to use the Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with ElevenScribe, including the Mobile App. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using ElevenScribe, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
18. 1. Apple App Store. The following terms apply if you download our Mobile App from a device made by Apple Inc. (“Apple”) or the Apple App Store.
    2. 1. Acknowledgment. You acknowledge that these Terms are concluded solely between us, and not with Apple. ElevenLabs, not Apple, is solely responsible for the Mobile App and the content thereof. You further acknowledge that the usage rules for the Mobile App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Mobile App, and in the event of any conflict, the Usage Rules in the Apple App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
       2. Scope of License. The license granted to you is limited to a non-transferable license to use the Mobile App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
       3. Maintenance and Support. You and ElevenLabs acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
       4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Mobile App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of ElevenLabs. However, ElevenLabs has disclaimed all warranties of any kind with respect to the Mobile App, and therefore, there are no warranties applicable to the Mobile App.
       5. Product Claims. You and ElevenLabs acknowledge that as between Apple and ElevenLabs, ElevenLabs, not Apple, is responsible for addressing any claims relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to (A) product liability claims, (B) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation.
       6. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringe that third party’s intellectual property rights, ElevenLabs, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
       7. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
    2. Google Play Store. The following terms apply if you download our Mobile App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”).
    3. 1. Google Play Terms. You acknowledge that to the extent of any conflict between (A) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (B) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Mobile App that you download from Google Play.
       2. Acknowledgement. You acknowledge that Google does not have any responsibility or liability related to compliance or noncompliance by ElevenLabs or you (or any other user) under these Terms or the Google Play Terms.