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ElevenReader Publishing Terms of Service

Last updated: February 5, 2025

  1. Introduction

Please read this Beta ElevenReader Publishing Program Terms of Service (“ElevenReader Publishing Program Terms of Service”, and together with any applicable Supplemental Terms (as defined below), the “Terms”) carefully as they govern your participation in our ElevenReader Publishing Program (the “Program”), as further described below. These Terms constitute a binding agreement between you, or the company or entity you represent (“you”, “your” or “User”), and Eleven Labs Inc. (“we”, “us”, “our,” or “ElevenLabs”). Your participation in the Program is also subject to our Prohibited Use Policy and our Privacy Policy. Certain features and functionalities of the Program and Services (as defined below) may be governed by additional terms, including without limitation, our ElevenReader Publishing Program Payment Terms and ElevenReader Publishing Content Guidelines (collectively, the “Supplemental Terms”). By signing up for, clicking "I Agree" or "I Accept" where prompted, or otherwise accessing or using the Program or Services, you agree to these Terms. If you do not accept these Terms, you are not authorized to use the Program and must immediately withdraw your User Content from distribution and cease all use of the Program. If you are entering into these Terms on behalf of a company or entity, the individual accepting these Terms on its behalf represents and warrants that they are an authorized representative with the authority to bind that entity to these Terms.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 (DISPUTE RESOLUTION & BINDING ARBITRATION)) BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 17 CAREFULLY.

Age and eligibility requirements

BY PARTICIPATING IN THE PROGRAM, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER AND AGREE TO ENTER INTO THESE TERMS. Additionally, in order to participate in the Program and use the Services, you represent and warrant that: you reside in a country where the Program and Services are available, and any registration and account information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times. You must notify us immediately of any change in your eligibility to participate in the Program or use the Services. 

  1. Definitions

App:

means the ElevenLabs mobile software applications, including the ElevenLabs Reader App (currently available here: https://elevenlabs.io/text-reader).

Audiobook:

means a literary or other work that has been prepared and is available as a digital file containing a sound and voice recording and other materials associated therewith, including without limitation artwork, images, music, metadata, text, photographs, video, and marketing materials. 

Content:

means works of authorship (including but not limited to Text, E-Book, Audiobook, magazines, and news articles) that are uploaded, inputted, or otherwise provided by you to or through the Program and/or Services, including Generated Content and User Content. 

E-Book:

means a literary or other work that has been prepared and is available in digital book format (i.e., comprising text and/or images) for distribution online. 

End Users:

means users and customers of the Services other than you. 

Generated Content:

means Audio Content (as defined in Section 4 (Grant of License and Rights) below) developed, created, produced, or otherwise prepared using ElevenLabs’ artificial intelligence or other related technologies (“Software”). Generated Content can be created from User Content. 

Program:

means the service provided by ElevenLabs to take your User Content and provide it to End Users. 

Services: 

means the Website, App, Program, or other technology systems from ElevenLabs, whether now known or hereinafter developed.  

Text:

means the text of a Title.

Title:

means individual works, including Audiobooks or E-Books, uploaded, inputted, or otherwise provided by you to or through the Program as User Content (“User Content Title”). 

User Content: 

means any Content in any format that is, in whole or part, uploaded, inputted or otherwise provided by you to or through the Program and (a) was created by you or is wholly owned or controlled by you; or (b) consists of or contains third-party content that you represent pursuant to Section 6 (Permissions and Clearances) below that you have the necessary rights to exploit in connection with the Program and the Services.

Voice Over:

means the sound and voice recordings of an Audiobook.

Website:

means the ElevenLabs website (currently available here: www.elevenlabs.io) and any subdomains thereof.

  1. The Program, Services & Amendments 

We reserve the right to change our Services and Program offerings and their availability from time to time, without notice or liability to you. For example:

  • The Program or Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
  • We have no obligation to make any specific Content available through the Program or Services, and we reserve the right to make, modify, restrict, or remove access to such Content at our sole discretion, with or without notice. 
  • Your right to terminate these Terms if you no longer want to participate in the Program or use the Services is set forth in Section 14 (Term & Termination) below.
  • ElevenLabs has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures. 
  • We may otherwise modify, impose limits on, replace, upgrade, update, suspend, or terminate providing all or part of our Program or Services at any time. 
  • We may charge, modify, or waive any fees required to use the Program or Services. 
  • We may offer certain opportunities to some or all end users of the Program and Services. 

All modifications and additions to the Program or Services 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 our Program or Services.As the Program evolves, we reserve the right to update these Terms. You will be notified of any changes through one or more of the following methods: (i) posting the revised Terms on the Website or App, with the revision date indicated, or (ii) other reasonably equivalent means. You are responsible for reviewing these updates, and if you disagree with the changes, you must immediately withdraw your User Content from distribution, in accordance with Section 5 (Account Eligibility and Program Terms) below, and discontinue your use of the Program. Changes to the Terms will become effective and binding thirty (30) days after they are posted.

  1. Grant of License and Rights

You may distribute your User Content through the Program to the Services and to End Users and End Users may create Generated Content from your User Content on our App or Services. You are solely responsible for all User Content posted, uploaded, inputted, or otherwise provided by you to or through the Program and/or the Services. 

General Grant of License and Rights

As between you and ElevenLabs, you retain ownership of your User Content at all times, including when you post it through the Program. However, we do need you to grant a limited license to us so that we may provide the Program to you. Accordingly, you grant to ElevenLabs a non-exclusive, worldwide, royalty-free, sub-licensable license, during the Term (as defined in Section 14 (Term & Termination) below) to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, digitalize, and otherwise use your User Content in connection with the Program and the Services to use the Software and any related technology for the following purposes (the “Purposes”):

  • to display the Text of a User Content Title, to convert the Text of a User Content Title to speech (“Speech Content”);
  • to create Voice Over of a User Content Title (“Voice Over Content”);
  • to translate the Text, Speech Content, and/or Voice Over of a User Content Title into any language (“Translated Content”); 
  • to create and store Speech Content, Translated Content, and Voice Over (“Audio Content”); and 
  • to publish, publicly perform and display, make available, transmit, and communicate to the public the User Content Title, Text and Generated Content based on or derived from a User Content Title, in whole or in part, and at different speeds (which may be selected by the End User), by means of a digital audio transmission on and through the Services, including to End Users and through third-party operated application distribution services (e.g., the Apple App Store, the Spotify service, etc.).

You also grant to us a non-exclusive, worldwide, royalty-free, sub-licensable license and rights, during the Term, to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, and otherwise use your User Content as incorporated into Generated Content for the following purposes: 

  • to make the User Content available to view on and through the Services; 
  • to provide the Generated Content for listening and streaming on the Services;
  • to allow access to the Generated Content by End Users;
  • for ElevenLabs to collect fees for hosting and making User Content available, at ElevenLabs’ discretion;
  • to adapt, reproduce, use, distribute, store, exploit and otherwise create derivative works of the Generated Content, such as by using different voices; 
  • to use name and approved image, likeness, and biography of the author of any User Content Title provided to us by you, for advertising, promotion, and other exploitation of the Generated Content, Website or the App; and
  • to market and display portions of the Generated Content on social media, internet, and other marketing channels, whether in paper, digital, or other format, for promotional purposes.

This license permits the use of your User Content by us for systems and product management and development, testing, production, and implementation in connection with anti-piracy and anti-fraud measures and the discoverability, recommendations, promotion, marketing, curation, distribution, and sale (or developing the user experience in connection therewith) of content on the Services and the Services. 

If you intend to remove your User Content from the Program, you must provide ElevenLabs with at least ninety (90) days prior written notice. This notice period allows ElevenLabs to inform End Users who have previously accessed or intend to access your User Content through the Program, a grace period to continue accessing your User Content before it becomes unavailable. During this grace period, your User Content will remain accessible to such End Users, after which their access to your User Content through the Program will be terminated. If an End User directly purchases your User Content through the Program, such User Content will remain accessible to the purchasing End User even if you subsequently remove such User Content from the Program, unless removal is required to comply with applicable law, a court order, or a valid third-party claim. Under such circumstances, you  agree to provide all necessary licenses and rights to ensure that the purchasing End User retains ongoing access to such User Content in accordance with the terms of their purchase.

  1. Account Eligibility and Program Terms 

To participate in the Program, you must maintain an active account. ElevenLabs reserves the right, at its sole discretion, to determine which User Content it will accept and distribute through the Program. You may withdraw your User Content from the Program at any time by following the process set forth at [LINK]. Withdrawals will apply prospectively only and may not affect certain End Users who may have accessed or licensed the Content before its removal.

You agree to deliver User Content to ElevenLabs in the specified format, which may include formats such as epub, .pdf, .txt, .html, .docx, or others. If ElevenLabs requests additional information regarding your User Content, such as proof of rights for distribution, you agree to promptly provide accurate, complete, and up-to-date information as set forth below in Section 6 (Permissions and Clearances). You also represent and warrant the accuracy of any documentation provided. ElevenLabs, directly or through third parties, may make inquiries it deems necessary to verify your rights and the accuracy of the information provided. 

  1. Permissions and Clearances

You represent and warrant that you hold all necessary rights and permissions to upload or otherwise provide your User Content to the Program, and for your User Content to be used in all the ways described in these Terms. You are solely responsible, at your own expense, for: (a) obtaining all permissions and other clearances that ElevenLabs deems necessary to exercise the license and rights granted in these Terms, including all permissions, rights, licenses, consents and clearances from the original author(s) and any other rightsholders (if any); and (b) upon ElevenLabs’ request, delivering copies of all agreements, correspondence, and copyright registrations and assignments relating thereto, together with acknowledgements and copyright notices.  You also represent and warrant the accuracy of any documentation provided. ElevenLabs, directly or through third parties, may make further inquiries it deems necessary to verify your rights and the accuracy of the information provided. 

You acknowledge and agree that ElevenLabs is not responsible for examining or warranting the Content, and you will not attempt to hold us or any of our third-party service providers liable for inaccuracies. You shall ensure that all Content and other content and information is accurate. You further acknowledge and agree that, while ElevenLabs has no obligation to do so, we may monitor, review, revise, modify, analyze, evaluate, obfuscate or delete the Content, including any data or content associated with the Content, to, among other things, supplement, remove or correct information, in our sole discretion, as well as to provide you with optional recommendations to consider when creating and operating the Content. 

  1. Ownership and Protection of Content

Except for the licenses expressly granted to ElevenLabs in these Terms, you and ElevenLabs acknowledge that as between you and ElevenLabs, all right, title, and interest in and to the User Content are owned or controlled by you, and all rights not expressly granted by you to ElevenLabs under these Terms are reserved by you. However, you acknowledge that you shall obtain no right, title or interest in or to any Generated Content generated from your User Content. 

ElevenLabs will employ commercially reasonable technological protection measures to prevent unauthorized copying or distribution of the User Content; provided, however, that any unauthorized copying or distribution shall not be deemed a breach of these Terms, and the User’s sole remedy is to request ElevenLabs to make commercially reasonable efforts to prevent or correct such unauthorized copying or distribution. In case of any infringement of the Generated Content by others, ElevenLabs may in its discretion sue or employ such remedies as are legally available and that ElevenLabs deems expedient to address such infringement. Nothing herein shall preclude you, however, from pursuing remedies for infringement of your own User Content by third parties.

  1. Infringement Claims

If you believe that any Content infringes your copyright, trademark or other intellectual property rights, please use the process set forth at https://form.feathery.io/to/GF6QQy. Alternatively, a notice of the alleged copyright infringement may be sent to our designated copyright agent at the following address, with the following information:

Eleven Labs Inc.Attn: Copyright Agent169 Madison Ave. #2484New York, NY 10016

By Email: coyright@elevenlabs.io. 

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to ElevenLabs for certain costs and damages.

  1. Payouts and Payment
    1. Payment Terms. The Program includes certain tools to enable us to distribute your User Content and the Generated Content on the Services, including for the purpose of monetizing your User Content or the Generated Content (“Monetized Content”, with each Title that is Monetized Content, “Monetized Title”); such use of your Monetized Content are subject to the ElevenReader Publishing Program Payment Terms (“ElevenReader Publishing Program Payment Terms”), available at . 
    2. Payments and Costs. The amount of payouts you earn through the Program and ElevenReader Publishing Program Payment Terms (“Payouts” or “Fees”) may be subject to certain costs retained by us in accordance with the applicable sections of the Payment Terms or as otherwise presented to you. Without limiting anything herein to the contrary, we also reserve the right to change the ElevenReader Publishing Program Payment Terms from time to time, with reasonable prior notice to you in writing. Costs may be withdrawn from Payouts prior to it becoming available to you. 
    3. Suspensions; Refunds. If we reasonably suspect any fraudulent activity or abuse in connection with your use of the Program in any way or believe you are in breach of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account(s) and access to the Program and/or Services, withhold payment, delay or remove User Content or Generated Content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Program and/or Services. If, as a consequence of any of the preceding actions, we issue a refund for any amounts paid for your User Content, you shall be responsible for and shall reimburse ElevenLabs for the amount of each such refund. ElevenLabs shall have the right to offset any such amount against any payment otherwise due to you under these Terms. 
    4. Monetized Content. You are solely responsible for your User Content and Monetized Content and your use of the Program and compliance with any laws or regulations related to them, including without limitation, the following: 
      • Any claims or warranties you make in connection with the Services and any claims made by other users against you as they relate to the User Content or your usage of the Services;
      • Compliance with any consumer, securities and related laws and regulations. 
  3. Representations and Warranties
    1. ElevenLabs’ Representations and Warranties. ElevenLabs represents and warrants to the User that ElevenLabs has the right to enter into these Terms and to perform all rights and obligations herein.
    2. User’s Representations and Warranties. You represent and warrant to ElevenLabs that: 
      • You have the full right, power, and authority to enter into these Terms and convey the rights granted to ElevenLabs, including that ElevenLabs shall own all right, title, and interest in and to any Generated Content (subject at all times to your ownership of the underlying User Content);
      • You are the sole owner or controller of the rights granted in these Terms, and the User has not (and during the Term will not) enter into any agreement or understanding which would conflict with the rights granted to ElevenLabs;
      • Neither the User Content itself, nor the materials embodied in them, nor the production and distribution of the Content as permitted hereunder nor the exercise of the rights granted under these Terms will violate any applicable law or infringe upon or otherwise violate the intellectual property, proprietary or other rights of any person or entity, including contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy or moral rights; 
      • No other licenses must be obtained by ElevenLabs or royalties or fees paid to any third party by ElevenLabs, including to User or any authors of User Content, for the use, processing, access, or distribution of any User Content in accordance with these Terms; 
      • The User Content does not contain any defamatory material; 
      • The User Content is not in the public domain, and does not fall within any other category of content that is not eligible for the Program;
      • You will be solely responsible for, and will pay, any third parties any royalties that they are owed with respect to the exercise of the rights granted under these Terms; 
      • The User Content complies with ElevenLabs’ Prohibited Use Policy (available here: https://elevenlabs.io/use-policy); and
      • If you wish to use the voice, likeness, image, or other identifying marks of the author or any other individual in relation to the Title or User Content, you further represent and warrant that you have received all necessary permissions, consents, releases, and waivers (as applicable) with respect to such usage, whether now known as required under these Terms, or hereinafter becomes required by applicable law. 
  5. Indemnification
    1. Your Indemnities. You shall indemnify, defend, and hold harmless ElevenLabs and its distributors and licensees against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees and the cost of pursuing any insurance providers arising out of or in connection with any third-party claim, suit, action, or proceeding (each, a "Third Party Claim") relating to (i) any actual or alleged breach by you of your representations, warranties, covenants, or other obligations hereunder including the granting of licenses and rights to ElevenLabs; and (ii) any infringement or misappropriation of any intellectual property or other proprietary right, or breach of publicity or privacy rights by the User Content or the Generated Content (except to the extent any Third Party Claim arises from preparation of the Generated Content using the Software).
    2. Indemnification Procedure. ElevenLabs shall promptly notify the User in writing of any Third Party Claim and cooperate with the User at the User's sole cost and expense. The User shall immediately take control of the defense and investigation of such Third Party Claim and shall employ counsel of its choice to handle and defend the same, at the User's sole cost and expense. The User shall not settle any Third Party Claim in a manner that adversely affects ElevenLabs' rights without ElevenLabs' prior written consent, which shall not be unreasonably withheld or delayed. ElevenLabs' failure to perform any obligations under this Section will not relieve the User of its obligations under this Section except to the extent that the User can demonstrate that it has been materially prejudiced as a result of such failure. ElevenLabs may participate in and observe the proceedings at its own cost and expense.   
  7. Warranty Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, ELEVENLABS DISCLAIMS ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE PROGRAM, SERVICES OR ANY CONTENT ON THE SERVICES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR FREEDOM FROM MALWARE OR COMPUTER VIRUS. IN ADDITION, ELEVENLABS MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICES ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PROGRAM, SERVICES OR ANY HYPERLINKED WEBSITE, AND ELEVENLABS IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ELEVENLABS SHALL CREATE ANY WARRANTY ON BEHALF OF ELEVENLABS. WHILE USING THE PROGRAM OR SERVICES, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.  YOU UNDERSTAND AND AGREE THAT USING THE SERVICES AND ACCESSING SUCH CONTENT MADE AVAILABLE TO YOU AS PART OF THE SERVICES IS DONE AT YOUR DISCRETION AND RISK. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. 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, 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, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF: (I) ONE HUNDRED UNITED STATES DOLLARS ($100 USD); AND (II) THE AMOUNT PAID BY YOU TO USE OUR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

  1. Term & Termination

The term of these Terms begins upon your participation in the Program and continues until terminated by either party, as set forth herein (“Term”). We may terminate these Terms or suspend your account at any time if we have concerns about your account activities, or if you breach applicable laws or these Terms. In addition, we reserve the right to terminate these Terms, with or without cause, at any time by providing written notice to you. If we terminate these Terms with you, or we suspend your access to the Services or Program, due to breach of these Terms, you agree that ElevenLabs shall have no liability or responsibility to you. We may amend the Terms or suspend or cancel the Program at our discretion, effective immediately upon notice to you.

Upon termination, we will endeavor to provide you with notice of the termination including additional details about the termination such as when it will become effective. You may terminate these Terms at any time by deleting your account, in which case you may not continue accessing or using the Program. We will stop using your User Content and stop providing Generated Content generated from your User Content within ninety (90) days of receiving your notice. Termination will apply prospectively only and may not affect certain End Users who may have accessed or licensed the Content before its removal. 

  1. Marketing & Promotion

ElevenLabs may issue publicity or general marketing communications identifying User as a content partner, including on the Website, App and in its marketing materials. User hereby grants ElevenLabs a non-exclusive, worldwide, royalty-free, revocable license to use User’s name, logo, and other trademarks or service marks solely in connection with the foregoing. User must obtain ElevenLabs’ prior written approval prior to issuing any press releases, public statements, or marketing communications regarding the Program or these Terms.

ElevenLabs will determine in its sole discretion all marketing and promotions related to the sale of and provision of access to the Generated Content and may, without limitation, market and promote Generated Content by making portions of the Generated Content available to prospective customers without charge, and by permitting prospective customers to see excerpts of the Generated Content in response to search queries. ElevenLabs will not owe User any fees for any marketing or promotional efforts. 

  1. Privacy Policy

Your use of, and participation in the Services is also subject to the terms set forth in our privacy policy located at https://elevenlabs.io/privacy-policy (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information. The Privacy Policy is incorporated into these Terms by reference.

  1. Dispute Resolution & Binding Arbitration

Please read this Section 17 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 actions or arbitrations are allowed under the Terms.

  1. Informal Dispute Resolution Prior to Arbitration. For any dispute or claim between you and ElevenLabs relating to these Terms or the Program, including any privacy or data security claims, (collectively, “Disputes”, and each a “Dispute”), you and ElevenLabs agree to attempt to first resolve the Claim informally via the following process:
    • 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.
    • 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.
  3. 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 17(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.
  4. Opting Out of Arbitration. You have the right to opt out of binding arbitration within thirty (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 addressed to: 

ElevenLabsAttn: Legal Department – Arbitration Opt-Out169 Madison Ave #2484 New York, NY 10016legal@elevenlabs.io 

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 17.

  1. Rejection of Future Arbitration Changes. You may reject any change we make to this Section 17 (except address changes) by personally signing and sending us notice within thirty (30) days of the change by certified mail addressed to:

ElevenLabs Attn: Legal Department – Arbitration Opt-Out169 Madison Ave #2484 New York, NY 10016legal@elevenlabs.io 

If you do, the most recent version of Section 17 before the change you rejected will apply.

  1. Severability. If any portion of this Section 17 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 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; 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 17 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 17 will be enforceable.
  2. 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 17(b). 
  3. Waiver of Class and Other Non-Individualized Relief. YOU AND ELEVENLABS AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 17(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, EXCEPT AS SET FORTH IN SECTION 16(h). Subject to this Section 16, 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 16(h). Notwithstanding anything to the contrary in this Section 16, 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.
  4. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and ElevenLabs agree that in the event that there are one hundred (100) or more individual Disputes 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 thirty (30) day period (or as soon as possible thereafter), JAMS shall: (i) administer the arbitration demands in batches of one hundred (100) Disputes per batch (plus, to the extent there are less than one hundred (100) Disputes left over after the batching described above, a final batch consisting of the remaining Disputes); (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 Disputes 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 Disputes, 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.   
  1. Governing Law

The Terms will be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles. If any claim is not subject to arbitration pursuant to Section 17, then the state or federal courts located in New York City, New York, will have exclusive jurisdiction, as applicable. You and ElevenLabs waive any objection to the 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 only to the extent that local law conflicts with this section.

  1. Export Controls

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 on 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 the Services.

  1. General
    1. Interpretation. For purposes of these Terms, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and "hereunder" refer to these Terms as a whole. The Terms are intended to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing an instrument to be drafted.
    2. Entire Agreement. The Terms, Supplemental Terms, and ElevenLabs’ Prohibited Use Policy incorporated herein by this reference, are the sole and entire agreement of the parties with respect to the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
    3. Severability. If any term or provision of the Terms are invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the enforceability of any other term or provision of the Terms or invalidate or render unenforceable such term or provision in any other jurisdiction, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Elevenlabs to enforce these Terms or any provision thereof shall not waive ElevenLabs’s right to do so. 
    4. Assignment. We may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.
    5. Force Majeure. We will not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
    6. Notices. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email, or mailed by registered or certified mail, return receipt requested, postage prepaid, to the address for ElevenLabs set forth in Section 8, and to the address for User registered with User’s account, or to be notified at such other address as may hereafter be furnished in writing by either party to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
    7. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us using the information we’ve provided above. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
    8. No Waiver. No waiver by ElevenLabs of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from the Terms will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, remedy, power, or privilege.
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