Terms of Service

1. Acceptance of Terms

These Terms of Service (the "Terms") are a legal agreement between you ("you" or "User") and Brilliant5 Inc., a corporation organized under the laws of Ontario, Canada ("Brilliant5," "Company," "we," "us," or "our"), the operator of the VocalMax service ("VocalMax" or "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1A. Related Policies

These Terms incorporate the following policies by reference. By using the Service, you agree to all of them:

• Privacy Policy
• Cookie Policy
• Acceptable Use Policy
• Voice Cloning Consent and Biometric Data Disclosure
• AI Content Disclosure Policy
• DMCA & Copyright Infringement Policy
• Refund Policy

2. Description of Service

VocalMax is an AI-powered text-to-speech platform that allows users to convert written content into audio format. Our Service includes:

• Text-to-speech conversion using AI voices
• Document upload and processing
• Audio file generation and download
• Project organization and management

2A. Voice Cloning

If you use the voice cloning feature, you must read and consent to our Voice Cloning Consent and Biometric Data Disclosure before initiating any voice clone. Voice cloning collects and processes biometric data (your voice sample) and creates a voiceprint that is special category personal information under multiple legal frameworks.

By using voice cloning, you affirm: (a) you are uploading audio of your own voice OR have obtained explicit written consent from the voice owner specific to AI voice cloning; (b) you will not use voice clones to impersonate, defraud, harass, or generate non-consensual content; and (c) you assume full legal liability for voice clones generated through your account.

Full terms governing voice cloning are set forth in our Voice Cloning Consent and Biometric Data Disclosure, which is incorporated by reference.

2B. Beta Services

VocalMax is currently in BETA. By using the Service, you acknowledge that VocalMax is provided as a beta service ("Beta Services" or "Beta") for evaluation, testing, and feedback purposes. The Beta status applies to all users until Brilliant5 Inc. publicly declares general availability ("GA") of the Service.

2B.1 Beta Status and Acknowledgment

By accessing or using VocalMax during the Beta Period, you expressly acknowledge and agree that:

• The Service is in active development and may contain bugs, errors, incomplete features, or unexpected behavior.
• The Service may be modified, suspended, or discontinued at any time, in whole or in part, without prior notice.
• Features available during the Beta Period may change, be removed, or function differently in the GA release.
• You are using the Service at your own risk and are responsible for any consequences arising from such use.

2B.2 No Warranties During Beta

DURING THE BETA PERIOD, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. THIS DISCLAIMER IS IN ADDITION TO, AND NOT LIMITED BY, THE GENERAL DISCLAIMERS IN SECTION 7A.

2B.3 No Service Level Agreement

Beta Services are NOT subject to any service level agreement (SLA), uptime guarantee, or performance commitment. We make no representations regarding the availability, reliability, response time, or accuracy of the Service during the Beta Period. Service interruptions, downtime, and performance issues are expected and do not entitle you to refunds, service credits, or other compensation.

2B.4 Data and Content During Beta

During the Beta Period:

• Data Loss Risk: Your data, content, projects, generated audio files, voice clones, and account information may be lost, corrupted, or deleted at any time, with or without notice. We strongly recommend you maintain your own backups of any important content.
• No Data Recovery Guarantee: We do not guarantee the recovery of lost or corrupted data, regardless of cause.
• Database Resets: We may reset databases, migrate data structures, or wipe testing data during the Beta Period. While we will endeavor to minimize disruption, we do not guarantee data continuity.
• No Liability for Data Loss: We are not liable for any loss of data, content, or work product arising from the Beta Services, including direct, indirect, incidental, or consequential losses.

2B.5 Beta Pricing and Pricing Changes

• Founders Pricing: From time to time we may offer promotional or founders' pricing to early subscribers (for example, a limited-time discount for an initial number of subscribers). The specific terms, discount amount, eligibility limit, and duration of any such promotion are disclosed at the point of sale and in the applicable promotional offer at the time you subscribe.
• Standard Pricing: Standard subscription pricing is per seat and is displayed on our pricing page and at checkout at the time of purchase.
• Promotional Pricing Terms: Any promotional or founders' rate applies only for the period and on the conditions stated in the specific offer. After the promotional period ends, or if you cancel and resubscribe, the then-current standard rate applies unless the offer expressly states otherwise.
• Future Pricing: Pricing tiers, features, and Word Pack rates may change at GA or at any subsequent time, with thirty (30) days' notice as described in Section 4.5.
• No Beta Discounts Beyond Stated Pricing: Beta status itself does not entitle you to additional discounts, refunds, or compensation.

2B.6 Feedback and Suggestions

By using the Beta Services, you may provide feedback, suggestions, ideas, comments, bug reports, or other input ("Feedback") regarding the Service. You agree that:

• All Feedback you provide is non-confidential and non-proprietary.
• You grant Brilliant5 Inc. a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable license to use, modify, distribute, and incorporate your Feedback into the Service or any other product or service, without compensation, attribution, or further consent.
• You waive any moral rights or similar rights in your Feedback to the maximum extent permitted by applicable law.
• You represent that you have the right to provide the Feedback and that providing it does not violate any third-party rights.

2B.7 Confidentiality of Beta Features

During the Beta Period, you agree not to:

• Publicly disclose, publish, or share screenshots, recordings, or detailed descriptions of unreleased features, pricing experiments, or product roadmap items, where such information is not otherwise publicly available on our marketing pages.
• Provide reviews, ratings, or comparisons of Beta Services to journalists, analysts, competitors, or the general public that mischaracterize the Service due to known beta limitations.
• Reverse-engineer, benchmark, or perform competitive analysis on the Service for the purpose of building a competing product.

You may share your general experience with VocalMax (e.g., "I'm using VocalMax to create audiobooks") and provide honest reviews after GA. The above restrictions apply to non-public, beta-specific information.

2B.8 Termination of Beta and Transition to GA

We may end the Beta Period at any time by:

• Publicly declaring general availability (GA) of the Service, after which these Terms will continue to apply but the Beta-specific provisions in this Section 2B will no longer be operative for new subscriptions.
• Discontinuing the Service entirely, with at least thirty (30) days' notice to active subscribers, in which case we will provide reasonable means for you to export your content where technically feasible.
• Suspending or terminating individual Beta access for users who violate these Terms or our Acceptable Use Policy.

When the Service transitions to GA: (a) your existing subscription continues automatically at your locked-in rate, (b) the Beta-specific limitations in Sections 2B.2–2B.4 will no longer apply prospectively, and (c) standard SLA and warranty terms (as may be published at the time of GA) will govern your continued use.

2B.9 No Refunds for Beta-Related Issues

You acknowledge that the limitations described in this Section 2B are inherent to beta software and do not constitute service failures. Refunds will NOT be issued for: (a) bugs, errors, or limitations in the Service; (b) data loss during the Beta Period; (c) downtime or performance issues; (d) feature changes or removals; or (e) the transition from Beta to GA. The general Refund Policy at vocalmax.ai/RefundPolicy continues to apply for transactional issues (e.g., duplicate charges, billing errors).

2B.10 Acknowledgment Required

Active subscribers may be required to acknowledge these Beta terms via an in-app dialog at first login, on subsequent material updates to these Terms, or upon express request. Continued use of the Service after the effective date of these Terms constitutes your acceptance of the Beta Services provisions.

3. User Accounts

To use VocalMax, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

You must be at least 18 years old to create an account and use our Service.

4. Subscription and Payments

VocalMax offers a subscription-based service plus optional one-time Word Pack purchases. By subscribing, you agree to the following:

4.1 Subscription Fees

• You will pay the applicable subscription fees for your selected plan as displayed at the time of purchase.
• Subscriptions automatically renew at the end of each billing period (monthly or annually) at the then-current rate, unless cancelled prior to renewal.
• Subscription fees are charged to your designated payment method at the start of each billing period.
• Pricing for new customers may differ from existing customers (e.g., promotional or early-adopter pricing); your subscription will renew at the rate disclosed at the time of your subscription.

4.2 Word Packs (No Overage Charges)

VocalMax does NOT charge overage fees. If your subscription's monthly word allowance is depleted, you may purchase optional Word Packs at any time. Word Packs are one-time purchases that:

• Add words to your account that never expire
• Are consumed only after your monthly subscription allowance is used
• Do not auto-renew or recur in any way

4.3 Cancellation

You may cancel your subscription at any time through your account billing page. Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• You will retain full access to all features until the end date
• You may reactivate your subscription at any time before the end date through the billing page
• Word Pack words you have purchased do not expire when your subscription ends. They are preserved on your account for twelve (12) months following cancellation. If you reactivate your subscription within that twelve (12) month period, your preserved Word Pack words remain available and are usable immediately upon reactivation. We will send a reminder email at least thirty (30) days before any preserved Word Pack words are removed. Word Pack words not recovered through reactivation within twelve (12) months of cancellation may be permanently removed. This applies to Word Pack words only and does not affect separately purchased Music Pack credits. See our Refund Policy for further detail.

4.4 Refunds

Refund eligibility and procedures are set forth in our Refund Policy, available at vocalmax.ai/RefundPolicy. The Refund Policy is incorporated into these Terms by reference.

4.5 Price Changes

We may change subscription prices from time to time. We will provide at least thirty (30) days' notice of any price increase to your subscription via email. If you do not agree to the new price, you may cancel your subscription before the price change takes effect.

4.6 Once-Count Workflow for AI-Assisted Audiobooks

When you use VocalMax's AI Create feature to generate written content and then convert that content to audio via our text-to-speech functionality within 24 hours, your word balance is deducted once — at the AI Create generation step. The subsequent text-to-speech conversion does not incur an additional deduction, up to the original word count of the AI Create generation. If the text-to-speech content exceeds the original AI Create word count (for example, if you edited and expanded the content), the additional words will be deducted from your word balance normally.

This rule applies automatically; no action is required on your part. The 24-hour window begins at the time of the AI Create generation and is verified server-side. This applies only to content generated through your own account; you cannot combine word counts from other users or transfers.

5. Acceptable Use

Your use of the Service must comply with our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference. The AUP prohibits, among other things:

• Illegal content, including child sexual abuse material, threats of violence, or unlawful activity
• Impersonation, voice fraud, deepfakes, and unauthorized voice cloning
• Harassment, hate speech, and defamation
• Intellectual property infringement, including unauthorized copying of copyrighted books or scripts
• Reverse engineering, abuse of API limits, account sharing, and security violations

Violation of the AUP may result in immediate suspension or termination of your account, deletion of generated content, forfeiture of subscription time and Word Pack credits, and reporting to law enforcement where appropriate. The full Acceptable Use Policy is available at vocalmax.ai/AcceptableUse.

5A. Intellectual Property — Notice and Takedown

We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (DMCA), the Canadian Copyright Act notice-and-notice regime, and applicable laws in other jurisdictions. To submit a copyright infringement notice or counter-notice, follow the procedures in our DMCA & Copyright Infringement Policy.

By uploading content to the Service, you represent that you own the content or have all necessary rights, licenses, and consents to use it for the purposes for which you upload it. You are responsible for any infringement claim arising from content you upload.

6. Content Ownership

Your Content: You retain ownership of any text, documents, or other content you upload to VocalMax. By uploading content, you represent that you have the right to use and convert that content.

Generated Audio: Audio files generated from your content belong to you. You receive a commercial license to use the generated audio for any lawful purpose, including commercial projects.

Our Service: VocalMax and its underlying technology, including AI models, software, and branding, remain our property.

7. AI-Generated Content Disclaimer

VocalMax uses artificial intelligence to generate audio. While we strive for high quality:

• AI-generated voices may occasionally mispronounce words or have imperfections
• Results may vary based on input text quality and formatting
• We do not guarantee that generated audio will be error-free

7A. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT.

YOU ASSUME ALL RISK OF USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES ARE LIMITED TO THE MINIMUM REQUIRED BY LAW.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOCALMAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability shall not exceed the amount you paid to VocalMax in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless VocalMax and its affiliates from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

10. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. Upon termination:

• Your access to the Service will be revoked
• Your content may be deleted after a reasonable period
• You remain responsible for any outstanding payments

11. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes by email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

11A. Dispute Resolution

Before initiating any legal proceeding, you agree to first contact us at support@vocalmax.ai to attempt to resolve the dispute informally. We will respond within 30 days. If we cannot resolve the dispute within 60 days of your initial notice, either party may proceed with formal dispute resolution.

Any dispute arising out of or relating to these Terms shall be brought exclusively in the courts of the Province of Ontario, located in Halton Region, and you consent to the personal jurisdiction of such courts. The parties waive any right to a jury trial.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

12. Governing Law

These Terms shall be governed by the laws of Ontario, Canada, without regard to conflict of law provisions.

13. Contact Us

If you have questions about these Terms, please contact us at:

Email: support@vocalmax.ai

Mailing Address:

Brilliant5 Inc.

#429-420 Main Street

Milton, Ontario, Canada

L9T 5G3