DUBULAR - TERMS OF USE

These Terms of Use ("Terms") constitute a binding agreement between you ("User") and Dubular S.A.S. ("Dubular", "we", "us"), a company incorporated in Colombia. These Terms govern your access to and use of Dubular’s website, APIs, software, and services (collectively, the "Services") that automate audio separation, transcription, diarization, translation, voice cloning, voice generation, synthesis, synchronization, editing, and export for video dubbing.

1. Definitions

• 1.1. "Account": the user account used to access the Services.

• 1.2. "Input": any content, data, audio, video, text, voice sample, or file that you upload, submit or otherwise provide to the Services.

• 1.3. "Output": content generated by the Services derived from Inputs, including synthesized audio, transcripts, translations, and edited media.

• 1.4. "User Voice Model": a voice model or voiceprint created by or from a voice sample you provide.

• 1.5. "Usage Quotas": prepaid usage quotas required to access and use certain Services, as described in Section 6.

2. Acceptance

By creating an Account, using the Services, or otherwise indicating assent, you accept and agree to these Terms. If you do not agree, do not create an Account or use the Services.

3. Eligibility and Account Registration

• 3.1. Eligibility: You represent and warrant that you are at least 18 years old and have authority to accept these Terms on behalf of the entity you represent. Minors under 18 may not use the Services.

• 3.2. Registration: You must provide accurate, current, and complete information and keep it updated. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account.

• 3.3. Account Security: You must notify us immediately of any unauthorized use of your Account or other security breach.

4. User Content; Ownership; License

• 4.1. Ownership: You retain all ownership rights in Inputs and Outputs, subject to the limited licenses granted to Dubular in these Terms.

• 4.2. License to operate the Services: By uploading, submitting, or providing Inputs, you grant Dubular a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, store, reproduce, modify, process, and display the Inputs solely to provide the Services, generate Outputs, and perform related operational functions.

• 4.3. User Voice Models: By uploading voice samples you grant Dubular a limited license to create and use a User Voice Model for the purpose of generating Outputs for your Account. Any other use of your voice sample or User Voice Model (including listing in a public voice library, sale, or commercial licensing to third parties) requires your separate, explicit written consent.

• 4.4. Prohibited uses: You will not provide Inputs that (a) infringe third-party rights; (b) are unlawful, abusive, harassing, hateful, pornographic, exploitative, or that promote illegal activities; (c) violate this Agreement.

5. Consent for Voice Cloning

• 5.1. You must have all required rights and consents for any voice sample you upload, including permission from the speaker to create a User Voice Model and to synthesize speech in that voice. You must provide any required proof of consent upon our request.

• 5.2. You explicitly consent to the creation and use of a User Voice Model for your Account when you opt into voice cloning features. You may request deletion of voice samples and User Voice Models via account controls or by contacting privacy@dubular.com Deletion removes the User Voice Model from active service and from any further use, but does not retroactively remove Outputs already delivered to third parties.

6. Pricing, Charges, Payment

• 6.1. Pricing model and prepaid quotas: The Services operate on a prepaid usage-quotas model. To use quota-based features you must purchase or otherwise hold sufficient Usage Quotas in your Account before initiating the operation. Quota types and charging units include, by example: (a) Transcription / Diarization quota - charged per minute (or per second) of original media processed. You must have available Transcription quota equal to or greater than the media duration you request to process. Example: to transcribe a 10-minute video you must have at least 10 minutes of available Transcription quota. (b) Voice generation quota - charged per second of generated audio in the target language. You must have available Voice Generation quota equal to or greater than the generated output duration you request. Example: to generate 3 seconds of speech you must have at least 3 seconds of available Voice Generation quota.

• 6.2. Free quota: New Accounts may receive a free trial quota to test the Services. Free quota is credited to your Account and is subject to limits and expiration as described at the time of grant. Free quota may be adjusted or revoked at our discretion.

• 6.3. Purchases and billing: You must purchase Usage Quotas in advance. By providing payment information you authorize us to charge your chosen payment method to purchase quotas, applicable taxes, and fees. You agree to keep payment information current. We will deduct quotas from your Account balance when you initiate a quota-consuming operation. If you do not have sufficient quota available, the operation will be refused.

• 6.4. No post-use billing: Dubular does not support post-use billing for quota-based features. You will not be able to use quota-based features unless you have sufficient prepaid quota.

• 6.5. Refunds and adjustments: Except as required by applicable law or expressly stated in these Terms, purchases of Usage Quotas are non-refundable. We may, at our discretion, issue credits or adjustments to remedy technical errors or to comply with legal obligations.

• 6.6. Monitoring and consumption: You are responsible for monitoring your quota balance. We provide account tools to view quota usage. We are not responsible for unexpected quota consumption resulting from your actions or integrations.

7. Modifications to Services and Fees

• 7.1. We may modify, suspend or discontinue features or the Services at any time. We may change fees; material fee changes will be posted or communicated to Account holders.

• 7.2. We are not liable for changes, suspension, or discontinuation of the Services.

8. Termination and Suspension

• 8.1. Termination by you: You may close your Account at any time. Closing an Account does not relieve you of outstanding payment obligations.

• 8.2. Termination by Dubular: We may suspend or terminate Accounts or access if you breach these Terms, misuse the Services, or for legal reasons. We may withhold Outputs and Content after termination to satisfy financial obligations or to comply with law.

9. Data Protection and Privacy

• 9.1. Privacy Policy: Our Privacy Policy explains how we collect and process personal data and is incorporated into these Terms. The Privacy Policy is available at [Privacy Policy]

• 9.2. Security disclosures: Dubular implements administrative and technical safeguards and encrypts data in transit. You acknowledge and accept these limitations when using the Services.

10. Intellectual Property; Trademarks

• 10.1. Dubular IP: All intellectual property rights in the Services (excluding Inputs and Outputs) are owned by Dubular or its licensors. You may not copy, modify, or create derivative works of the Services except as expressly permitted.

• 10.2. Trademarks: 'Dubular' and related logos are our trademarks. Do not use our trademarks without prior written permission.

11. Third-party Services and Subprocessors

• 11.1. Subprocessors: We may use third-party service providers (cloud hosting, storage, CDN, analytics, payment processors) to provide the Services.

• 11.2. Third-party content: We are not responsible for third-party tools or services integrated with the Services.

12. Representations and Warranties; Prohibitions

• 12.1. You represent and warrant that: (a) you have all necessary rights to provide Inputs and to authorize the licenses granted in these Terms; (b) Inputs and your use of Services do not violate any law.

• 12.2. Prohibited uses: You will not use the Services to create or distribute outputs designed to impersonate a real person without clear notice and explicit consent from the person impersonated, to defraud, to threaten, or to otherwise harm individuals or property.

13. Indemnification

You will indemnify and hold harmless Dubular, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your Inputs, your breach of these Terms, or your violation of law.

14. Disclaimers; No Warranty

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE USER WAIVES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUBULAR MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, OR SPECIFIC PERFORMANCE OF THE GENERATED OUTPUTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUBULAR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO DUBULAR FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. DUBULAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

16. Confidentiality

Each party will maintain the confidentiality of confidential information disclosed by the other and will not use it except to perform its obligations under these Terms.

17. Governing Law; Dispute Resolution

These Terms shall be governed by the laws in force in the Republic of Colombia. In any case, due to territorial jurisdiction, any dispute arising from the interpretation or execution of these Terms, as well as from the services provided by DUBULAR S.A.S., shall be submitted to the jurisdiction of the company’s principal place of business, located in the city of Bogotá D.C., where its main domicile is established.

18. Notices

Notices to you may be made via email to the address provided in your Account. Notices to Dubular should be sent to: privacy@dubular.com

19. Changes to Terms

DUBULAR reserves the right to modify these Terms at any time it deems necessary. When a change to the Terms and Conditions is made, the updated version with the new effective date will be published on the platform. Continued use of the Services after the publication of such changes shall constitute the user’s express and irrevocable acceptance of the revised Terms.