TERMS OF USE

2. Lipsyncer.ai

WITH LIPSYNCER.AI, YOU CAN LIP-SYNC A VIDEO UP TO FULL HD RESOLUTION FEATURING HUMAN AND NON-HUMAN FACES UNDER CERTAIN CRITERIA (SEE BELOW) BY USING YOUR OWN AUDIO OR VIA TEXT-TO-SPEECH WITH MULTILINGUAL VOICES OFFERED. IF YOUR AUDIO FILE EXCEEDS THE DURATION OF THE VIDEO FILE, THE VIDEO WILL LOOP UNTIL THE AUDIO IS COMPLETED. IF YOUR VIDEO FILE EXCEEDS THE LENGTH OF YOUR AUDIO FILE, THE VIDEO WILL STOP AT THE AUDIO'S DURATION.

LIPSYNCER.AI IS A PAY-AS-YOU-GO SERVICE THAT OFFERS A FREE 5-SECOND PREVIEW OF THE VIDEO TO CHECK THE LIPSYNC QUALITY. BASED ON THE PREVIEW, THE USER CAN DECIDE WHETHER TO PURCHASE THE FULL-LENGTH VIDEO. THE PRICE IS CALCULATED AND BILLED BY THE SECOND.

THE SOFTWARE IS PROVIDED “AS IS.” IT IS IMPORTANT TO NOTE THAT (1) SUCCESSFUL LIP-SYNCING MAY NOT BE ACHIEVABLE FOR EVERY FACE, ESPECIALLY THOSE WITH BEARDS, SPECIFIC ANGLES, OR FACES THAT SIGNIFICANTLY DIFFER FROM TYPICAL HUMAN FACIAL CHARACTERISTICS, AND (2) THE OUTPUT VIDEOS ARE PROVIDED IN FULL HD RESOLUTION (1080P) ONLY WHEN THE UPLOADED VIDEO IS ALSO IN FULL HD RESOLUTION.

How it works:

Upload a video and audio file or opt for text-to-speech to generate your audio content. To use the text-to-speech functionality, input the text you want to be spoken in any language and choose one of the listed multilingual voices. Preview the speech with different voices as often as you like. Press the button “create preview”. You will get a free 5-second preview of the lip-synced video. If you decide to buy the full-length video, press the button 'Buy full video”. Enter your data and complete the purchase. Once your video is ready, you will receive an email inviting you to download it.

3. Right of Use

For the cost-free preview of 5 seconds of the lip-synced video, no registration is necessary. The watermark must not be removed.

Registration is required to purchase the full-length lip-synced video.

For videos or audio uploaded by the user, for which the user holds the rights, commercial use of the lip-synced outcome is permitted.

For audio generated within lipsyncer.ai, provided through a text-to-speech service provider, commercial use is permitted.

Age Requirement: Children may not access or use the service unless their use is directly authorized by their parent or guardian who agrees to be bound by these terms. For purposes of these terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

4. Obligations of the Users

THE USER IS OBLIGATED TO ENSURE THAT THE VIDEOS GENERATED BY THEIR ACCOUNT WITH LIPSYNCER.AI CAN ONLY BE PUBLISHED WITH THE NOTICE THAT AN AI TOOL WAS USED.

The user is required to comply with legal regulations while using lipsyncer.ai. This includes refraining from violating applicable legal provisions or infringing upon the rights of third parties, such as copyrights, film, video, and music rights, as well as the personal rights of individuals featured in the videos (ensuring consent of the individuals portrayed), and adhering to data protection regulations.

The user is not allowed to use the text-to-audio tool (third party: Microsoft Azure) integrated into lipsyncer.ai for offensive or indecent expressions. The same applies to uploaded audio files.

Moreover, the user is prohibited from utilizing lipsyncer.ai in any manner that:

• is harassing, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, libelous, or threatening;
• discriminates, incites, or promotes discrimination against others based on race, religion, sex, sexual orientation, age, disability, ancestry, national origin, or any other basis;
• is sexually explicit or pornographic in nature or contains links to such material;
• seeks to harm or exploit children;
• involves the sale or promotion of illegal activities, products, or services;
• is fraudulent or promotes fraudulent activity;
• promotes or creates a risk of physical or mental harm, emotional distress, death, disability, or disfigurement to themselves, any person, or animal;
• promotes or creates a risk of harm, loss, or damage to any property;
• contains any information or disinformation that is false, deceptive, or misleading or otherwise promotes, endorses, encourages, or facilitates the spread of false information;
• violates any applicable law or promotes activities that are illegal in nature;
• threatens or undermines democratic processes or institutions.

The user must treat the access data (password, username) as strictly confidential and protect it from unauthorised access by third parties. If the user passes on the access data (password, username) to third parties, the user shall be liable towards Lalamu for all damage caused as a result.

5. Intellectual Property Rights

The Software is not sold to you under this Agreement and you acknowledge that Lalamu and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Software (and its related software). We reserve all rights not expressly granted herein to the Software. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

6. Use of Third Party Intellectual Property

Users of lipsyncer.ai are strictly prohibited from using any third-party intellectual property (IP) in the generative AI process of lipsyncer.ai. This includes, but is not limited to, copyrighted materials, trademarks, trade secrets, or any other proprietary information owned by third parties. Users must ensure that all content used in the generative AI process is either owned by them or used with proper authorization and licensing. By agreeing to these terms, users acknowledge their responsibility to respect the intellectual property rights of others and agree to indemnify Lalamu against any claims arising from their misuse of third-party IP.

7. Prices

The service operates on a pay-as-you-go basis. You only pay for the video you purchase by clicking the “buy full video” button. Prices vary per minute depending on the video length (tiers), and can be viewed on the website. All prices include VAT.

8. Support

If you have any questions, please contact our support team at: support@lalamu.app.

9. Publicity

You agree that we are allowed to use your name, trademark and/or logo (if applicable) and to refer to you as a customer of Lalamu, (i) in sales presentations, promotional/marketing materials, and press releases, and (ii) on Lalamu’s website, including a link to your website (if applicable), for promotional purposes.

10. Term and termination

These Terms of Service shall take effect the first time you access the Service and shall continue in full force and effect until your account is deleted or terminated

If the Operator, in its reasonable discretion, determines that you or your use of the Service violate these Terms of Service, the Operator may take one of the following actions: delete the prohibited User content; (ii) suspend your access to the Service; (iii) terminate and delete your account; (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User content or activity to appropriate government authorities. Upon termination, your right to use the Service will immediately cease. The Service may not be accessed by any Users previously removed from the Service by the Operator.

11. Service Availability / Closure of the Service

Lalamu does not guarantee the constant availability of its services on lipsyncer.ai. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems of third parties, force majeure), which are not within the sphere of influence of Lalamu and are therefore also beyond its control, and which cause non-accessibility of the services offered by it via the Internet, cannot be excluded.

Lalamu is entitled to shut down and close the service lipsyncer.ai, which is the subject of this contract, in whole or in part, if its security or the security of Users is endangered. This right of Lalamu also exists if the continued operation of the service or parts of the service is economically unreasonable for Lalamu. Lalamu will immediately notify the User of such measures or terminate the contract in accordance with point 4.

12. Right of withdrawal of the consumer pursuant to § 11 FAGG (Austrian Distance Selling Code)

No right of withdrawal applies to (§ 18 FAGG) goods that are manufactured according to customer specifications or tailored to the personal needs of the customer. As the service operates on a pay-as-you-go basis, with payment triggering video processing for the customer, contract withdrawal is not possible.

13. Liability & Warranty

THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ACCURATE RESULTS CANNOT BE GUARANTEED. THE 5-SECOND PREVIEW ALLOWS USERS TO ASSESS THE OUTCOME, BUT DOES NOT GUARANTEE SATISFACTORY RESULTS. LALAMU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE QUALITY OF THE RESULTS DELIVERED BY THE SOFTWARE, INCLUDING VERY INACCURATE LIPSYNC RESULTS, LOW-QUALITY RESULTS, AND DELAYED DELIVERY DUE TO SERVER OVERLOAD (SEE SECTION 2). LALAMU DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. REFUNDS ARE ONLY GUARANTEED IN THE EVENT OF NON-DELIVERY OF THE FULL-LENGTH LIPSYNCED VIDEO.

THE USE OF THE SERVICE NECESSARILY INVOLVES THE TRANSMISSION OF THE USER´S DATA OVER NETWORKS THAT LALAMU DOES NOT OWN, OPERATE, OR CONTROL. LALAMU IS NOT RESPONSIBLE FOR ANY LOSS, ALTERATION, INTERCEPTION, OR STORAGE OF THE USER´S DATA ACROSS SUCH NETWORKS. LALAMU WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE LALAMU’S REASONABLE CONTROL.

LALAMU SHALL NOT BE LIABLE TO ENTREPRENEURS/COMPANIES FOR LOSS OF PROFIT, THIRD-PARTY DAMAGE, INDIRECT DAMAGE, AND/OR CONSEQUENTIAL DAMAGE, OR DAMAGE RESULTING FROM SLIGHT NEGLIGENCE. THE USER SHALL FULLY INDEMNIFY AND HOLD HARMLESS LALAMU FROM AND AGAINST CLAIMS OF THIRD PARTIES BASED ON A BREACH OF CONTRACTUAL OR LEGAL PROVISIONS AS WELL AS AN INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

Claims for damages must be asserted within 6 months of knowledge of the damage and the damaging party; otherwise, they will be forfeited. In the event of a legal warranty, the entrepreneurial user must immediately check the content for any obvious defects. Defects must be communicated to Lalamu within 14 days of retrievability with sufficient justification. Minor technical changes are deemed to have been approved in advance. Any warranty period shall be a maximum of 12 months from acceptance.

14. Data protection

Lalamu complies with the applicable provisions of data protection law, in particular the Data Protection Act (DSG) and the General Data Protection Regulation (GDPR). Specific information on how users' data is processed can be found during registration and in the privacy policy.

15. Changes to the GTC

In the event of changes to these GTC, Users will be informed of these and requested to confirm them. If these are not confirmed, the user may terminate this contract with immediate effect.

16. Applicable law & Jurisdiction

This contract is governed by Austrian substantive law, excluding the mandatory referral norms of international private law (e.g. IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. According to Art 6 (2) Rome I Regulation, this choice of law does not deprive a consumer of the protection of mandatory provisions of the law of the state of his habitual residence; these continue to be applicable. If the user is a company in the sense of § 1 KSchG (Austrian Consumer Protection Act), a legal entity under public law, the exclusive factual and local jurisdiction of the court for 1010 Vienna is agreed for all disputes arising from contractual relationships between the customer and Lalamu.

17. Final provisions

Should any provisions of this contract be legally ineffective, invalid and/or void or become so in the course of the duration, this shall not affect the legal effectiveness and validity of the remaining provisions.