Terms of Use

Welcome to Utopia Audio ("Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our AI-powered real-time translation services, including our website at utopia.audio, browser extensions, mobile applications, APIs, and any related services (collectively, the "Services"). These Terms apply to all users worldwide, regardless of location.

1.1 Agreement to Terms

By accessing, browsing, or using our Services, you represent and warrant that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a binding legal agreement between you and Utopia Audio.

1.2 Eligibility

You must meet the following requirements to use our Services:

• Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is higher
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable laws
• Not have been previously suspended or removed from our Services
• If using on behalf of an organization, have authority to bind that organization to these Terms

1.3 Additional Terms

Certain features of our Services may be subject to additional terms, conditions, or guidelines. Such additional terms are incorporated into these Terms by reference. In the event of a conflict between these Terms and any additional terms, the additional terms shall prevail for that specific feature or service.

2.1 Core Services

Utopia Audio provides AI-powered translation services, including but not limited to:

• Real-Time Video Translation: Instant translation of video content from streaming platforms including Netflix, YouTube, Amazon Prime Video, Disney+, TikTok, and others
• Voice-Matching Technology: AI that preserves the original speaker's voice characteristics, tone, emotion, and cadence in translated audio
• Multi-Language Support: Translation services supporting over 100 languages and regional dialects
• Live Conference Translation: Real-time translation for video conferences, webinars, and virtual meetings
• Phone Call Translation: Live translation services for voice calls across language barriers
• Browser Extensions: Tools that integrate with web browsers to provide seamless translation
• Mobile Applications: iOS and Android applications for on-the-go translation services
• API Services: Developer tools for integrating our translation technology into third-party applications

2.2 Service Availability

We strive to maintain high availability of our Services. However, you acknowledge that:

• Services may be temporarily unavailable due to maintenance, updates, or technical issues
• Service quality may vary based on internet connectivity, device capabilities, and other factors
• We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time
• Certain features may not be available in all geographic regions due to legal or technical constraints

2.3 Translation Accuracy

While we employ advanced AI technology to provide accurate translations, you acknowledge that automated translations may contain errors, inaccuracies, or misinterpretations. Our Services are not intended to replace professional human translation for critical applications including legal documents, medical information, financial transactions, or safety-critical communications.

3.1 Account Registration

To access certain features of our Services, you may be required to create an account. When registering, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Use a valid email address that you have access to and control
• Create a strong, unique password and keep it confidential
• Not create multiple accounts for the purpose of abuse or circumventing restrictions

3.2 Account Security

You are responsible for maintaining the security of your account:

• You are solely responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account or any other security breach
• We will not be liable for any loss or damage arising from your failure to protect your account credentials
• We recommend enabling two-factor authentication when available
• Do not share your account credentials with third parties

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, third parties, or our business interests, or for any other reason at our sole discretion.

4.1 Subscription Plans

Our Services may be offered under various subscription plans:

• Free Tier: Limited access to basic features with usage restrictions
• Premium Subscription: Full access to all features at $2.99/month or as otherwise specified
• Enterprise Plans: Custom solutions for businesses with negotiated terms

4.2 Billing and Payment

• Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected)
• You authorize us to charge your designated payment method for all applicable fees
• All fees are exclusive of applicable taxes, which will be added where required by law
• Fees are quoted in US Dollars unless otherwise specified; currency conversion may apply
• We may use third-party payment processors (such as Stripe) to process payments

4.3 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice before any price increase takes effect. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

4.4 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation will take effect at the end of your current billing period
• No refunds will be provided for partial billing periods, except as required by applicable law
• EU/EEA consumers have a 14-day right of withdrawal from the date of purchase, as required by the Consumer Rights Directive
• Australian consumers have rights under the Australian Consumer Law for refunds if services are not provided with due care and skill

4.5 Failed Payments

If a payment fails, we may retry the charge and/or suspend your access to paid features until payment is successfully processed. Continued failure to pay may result in account suspension or termination.

5.1 Permitted Uses

You may use our Services only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Personal entertainment and educational purposes
• Business communication across language barriers
• Accessing content in languages you do not understand
• Creating accessible content for multilingual audiences

5.2 Prohibited Conduct

You agree NOT to use our Services to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon or violate intellectual property rights of any third party
• Transmit, distribute, or store material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Engage in any activity that interferes with or disrupts the Services
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks
• Use any automated means (bots, scrapers, etc.) to access the Services without our express permission
• Circumvent, disable, or interfere with security-related features of the Services
• Use the Services for any commercial purpose without our prior written consent
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use the Services to transmit malware, viruses, or other harmful code
• Collect or harvest any personally identifiable information from other users
• Use the Services to translate or distribute illegal content, including pirated media
• Engage in any activity that could damage, overburden, or impair the Services

5.3 Content Standards

Any content you submit, upload, or transmit through our Services must not contain material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

5.4 Enforcement

We reserve the right (but have no obligation) to monitor use of the Services, investigate violations of these Terms, and take appropriate action, including suspending or terminating access to the Services and reporting violations to law enforcement authorities.

6.1 Our Intellectual Property

The Services, including all content, features, functionality, software, code, algorithms, designs, graphics, logos, and trademarks are owned by Utopia Audio, its licensors, or other providers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

• The Utopia Audio name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks
• Our AI translation technology, voice-matching algorithms, and related innovations are protected by intellectual property laws
• You may not use our trademarks without our prior written permission

6.2 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include the right to: modify or create derivative works of the Services; use any data mining, robots, or similar data gathering methods; download or copy any content except as expressly permitted; or use the Services for any commercial purpose.

6.3 Third-Party Content

Our Services may translate content from third-party platforms (such as Netflix, YouTube, etc.). We do not own such content and are not responsible for its accuracy, legality, or appropriateness. Translation of content does not imply our endorsement. You must comply with all applicable licenses and terms of use for third-party content.

6.4 User Content

You retain ownership of any content you submit through our Services. By submitting content, you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display such content solely for the purpose of providing and improving our Services.

6.5 DMCA and Copyright Notices

We respect the intellectual property rights of others and expect users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with: (1) a description of the copyrighted work; (2) identification of the allegedly infringing material; (3) your contact information; (4) a statement of good faith belief; (5) a statement of accuracy under penalty of perjury; and (6) your signature. Contact: legal@utopia.audio

7.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY TRANSLATIONS
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS

7.2 Translation Disclaimer

AUTOMATED TRANSLATIONS MAY CONTAIN ERRORS, INACCURACIES, OR MISINTERPRETATIONS. YOU SHOULD NOT RELY ON OUR SERVICES FOR CRITICAL COMMUNICATIONS, LEGAL DOCUMENTS, MEDICAL INFORMATION, FINANCIAL DECISIONS, OR ANY SITUATION WHERE TRANSLATION ERRORS COULD CAUSE HARM. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM TRANSLATION ERRORS.

7.3 Regional Variations

Some jurisdictions do not allow the exclusion of certain warranties. If you are a consumer in the European Union, United Kingdom, Australia, or other jurisdiction with mandatory consumer protection laws, you may have statutory rights that cannot be excluded. Nothing in these Terms affects your statutory rights as a consumer.

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UTOPIA AUDIO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES
• DAMAGES RESULTING FROM ANY INTERRUPTION OR CESSATION OF THE SERVICES
• DAMAGES RESULTING FROM ANY BUGS, VIRUSES, OR SIMILAR HARMFUL CODE
• DAMAGES RESULTING FROM YOUR RELIANCE ON ANY TRANSLATIONS PROVIDED

8.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).

8.3 Basis of the Bargain

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UTOPIA AUDIO. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

8.4 Consumer Rights

If you are a consumer in a jurisdiction that provides mandatory consumer protection rights (including the EU, UK, Australia, or other regions), nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of terms implied by applicable consumer protection laws that cannot be excluded; or (d) any other liability that cannot be excluded by applicable law.

9. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Utopia Audio and its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you submit through the Services. This indemnification obligation does not apply to consumers in jurisdictions where such clauses are prohibited by law.

10. Termination

10.1 Termination by You

You may terminate your account and stop using the Services at any time by following the cancellation procedures in your account settings or by contacting us at support@utopia.audio.

10.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

10.3 Effect of Termination

Upon termination: (a) all licenses granted to you will terminate; (b) you must cease all use of the Services; (c) we may delete your account and any associated data, subject to our data retention policies and applicable laws; (d) provisions of these Terms that by their nature should survive termination will survive, including intellectual property, warranty disclaimers, indemnification, and limitations of liability.

11.1 Global Availability

Our Services are intended for users worldwide. However, we make no representation that the Services are appropriate or available for use in all locations. Access from territories where the Services or any content is illegal is prohibited.

11.2 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by OFAC, and the International Traffic in Arms Regulations maintained by the Department of State.

11.3 Regional Laws

We comply with applicable regional data protection and consumer protection laws, including:

• European Union/EEA: General Data Protection Regulation (GDPR), Consumer Rights Directive
• United Kingdom: UK GDPR, Consumer Rights Act 2015
• United States: California Consumer Privacy Act (CCPA), state consumer protection laws
• Canada: Personal Information Protection and Electronic Documents Act (PIPEDA)
• Brazil: Lei Geral de Proteção de Dados (LGPD)
• Australia: Privacy Act 1988, Australian Consumer Law
• Singapore: Personal Data Protection Act (PDPA)
• South Africa: Protection of Personal Information Act (POPIA)
• China: Personal Information Protection Law (PIPL), Cybersecurity Law
• Japan: Act on Protection of Personal Information (APPI)
• South Korea: Personal Information Protection Act (PIPA)
• India: Digital Personal Data Protection Act (DPDPA)

For more information about how we comply with specific regional privacy laws, please see our dedicated policy pages:

12.1 Informal Resolution

Before filing a formal legal claim, you agree to try to resolve any dispute informally by contacting us at legal@utopia.audio. We will attempt to resolve the dispute within 60 days.

12.2 Arbitration Agreement (US Users)

For users in the United States: You and Utopia Audio agree that any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, except that either party may seek equitable relief in court for intellectual property disputes. Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures.

CLASS ACTION WAIVER: YOU AND UTOPIA AUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.3 EU/UK Consumer Rights

If you are a consumer in the European Union or United Kingdom, the arbitration clause above does not apply to you. You may bring proceedings in the courts of your country of residence, and you have the right to use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

12.4 Other Jurisdictions

For users in other jurisdictions, disputes shall be resolved in accordance with the mandatory dispute resolution mechanisms required by local law. Where no mandatory mechanism exists, disputes shall be resolved through arbitration or in courts as mutually agreed.

13. Governing Law

These Terms shall be governed by and construed in accordance with:

• For US users: The laws of the State of Delaware, without regard to its conflict of law provisions
• For EU/EEA users: The laws of your country of residence, in addition to applicable EU law
• For UK users: The laws of England and Wales
• For Australian users: The laws of the State of New South Wales, Australia
• For other users: The laws of the State of Delaware, except where mandatory local laws apply

In all cases, mandatory consumer protection laws of your jurisdiction will apply where required by law.

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of these Terms
• For material changes, we will provide at least 30 days' notice via email or prominent notice on our Services
• Your continued use of the Services after the effective date of any changes constitutes acceptance of the modified Terms
• If you do not agree to the modified Terms, you must stop using the Services

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Utopia Audio regarding your use of the Services.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver must be in writing and signed by us.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, pandemic, or other force majeure events.

15.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that our affiliates are third-party beneficiaries of provisions relating to their protection.

15.7 Language

These Terms are written in English. If they are translated into other languages and there is a conflict between the English version and a translated version, the English version shall prevail, except where prohibited by applicable law.

If you have any questions, concerns, or complaints regarding these Terms of Use, please contact us: