Terms & Conditions

AAaudiobooks Limited (“the Producer”, sometimes referred to as “we” or “us”) is a company incorporated in Gibraltar under No: 124089 whose registered office is at Suite 4.3.02, Eurotowers, Gibraltar, GX11 1AA and whose address for service is info@aaaudiobooks.com. By using services of the Producer, you the (“Customer”) agree to the following terms of service (“the Terms”):

In these Terms the following expressions shall bear the following meanings:-

Account – shall mean the account created for you on our Website.

Audiobook – shall mean the creation of an audiobook from a print manuscript.

Extras – shall mean any work not specifically referred to in the Quotation, requested in advance by you.

The Project – shall mean the creation of an audiobook from a print manuscript submitted by you to us, including ancillary services, as described in our invoice(s) to you.

Cloning and cloned voice – shall mean the creation of a computer-generated voice derived from a Real or another computer generated voice.

Quotation – shall mean the estimate of production our charge and ancillary costs for the creation of an audiobook for you, which we shall supply you before work commences. The Quotation does not include any work not specifically referred to in the Quotation (”Extras”).

Real – shall in the context of these Terms and Conditions mean produced by a human voice actor.

Services – shall mean any and all services offered to you and/or carried out for you by The Producer or on behalf of The Producer.

Voices – shall mean the library of Real and computer-generated Voices to which we allow you access as part of the Project.

Voice Actors – shall mean voice actors who have allowed their Voices to appear in our library of Real Voices.

Our Website – shall mean www.aaaudiobooks.com.

1. AGREEMENT

You, the Customer, are responsible for reading and agreeing to the entire terms and conditions. By purchasing a service through this website or via a proposal from a sales representative, you agree and are held by these terms.

The Producer may at any time, without notice to you and in its sole discretion, amend the Terms and Conditions from time to time and such changes shall take effect from the date of their publication on the Website.

2. CLONING

By submitting audio recordings of a voice to us for cloning, you thereby warrant that the consent of the person whose voice we clone has been properly obtained. If it shall subsequently transpire that any cloned voice made by us from material submitted by you or on your behalf to us shall have been improperly obtained, or obtained without the consent of the person whose voice we cloned, you shall forthwith destroy all recordings made with the cloned voice, pay any compensation awarded as a result of the unauthorised cloning and indemnify us in full against any liability.

3. VOICES

We retain all rights to the Voices used in the Project. You may only broadcast, stream, enable upload/download of the Voices or otherwise allow third party access to the Voices as part of the audio book created as the project. You may not use the Voices for any other work, nor clone, imitate or otherwise make use of the Voices for any other purpose.

4. VOICE ACTORS

Voice Actors who appear on our website as providers of Real Voices have agreed with us to produce voice files of speeches or narration appearing in the manuscripts which we are converting into audiobooks. Voice Actors have agreed to work for us on a fixed fee basis to include all media rights in the voicefiles they produce. We cannot guarantee that all the Voice Actors appearing on our website are able and willing and available to make the required voicefiles at the time that they are required. The provision of Real Voices will result in an Extra charge which we shall quote to the Customer before the work is undertaken.

The Voices of our Voice Actors may not be cloned or replicated or reproduced in any way, nor decompiled or used except in the completed audiobook. No Voices, Real or AI may be reverse engineered, stored or introduced into any information storage and retrieval system in any form or by any means whether electronic now known or hereafter invented, save as part of the completed audiobook.

5. OUR WEBSITE

Our Website allows you to purchase production services and obtain the final product via digital download your account with us. We accept no responsibility for files or materials accessed by a 3rd party after we have notified you where to download the files created for the Project.

6. ESTIMATES

It is understood that all estimates we give to you are free of charge and will remain valid for 30 days from their issue date, time being of the essence.

7. PAYMENTS AND DEPOSITS

Once the Quotation we provide you has been accepted by you, we will normally demand a deposit, normally of 25%, before any work commences, to cover our charge for processing the manuscript. Payment for this must be made before we carry out any work. Once the processed manuscript has been accepted by you, you must then pay the remaining amount of the Quotation before we can proceed to the next step, where you choose the Voices from our library and we then produce the audiobook. If at any stage you request Extras, we may accept or decline to do them at our entire discretion. If we choose to do them we shall provide you with a Quotation for the Extras and this must be paid in full by you before we start work on the Extras. All our Quotations are predicated on the use of AI Voices in our voice library. If you require Voice file of all or part of the text of the manuscript to be voiced by Voice Actors, this can only be done for an additional charge as an Extra, the amount of which will be quoted to you before you authorise the work. Usually Voice Actors will be available to amend or correct any voice files they produce, but we cannot guarantee this, not can we guarantee that they will be available to voice text for the same characters in sequels or related works. All payment transactions are processed through a gateway provider and are not stored or processed on our server.

8. WATERMARKS

During your Project, we may at our discretion and without being under any obligation so to do, embed a sound or visual watermark in sound recordings, videos, or other media. This is to ensure the files do not get circulated or released mistakenly. Upon completion, the watermarks will be removed from the approved media provided for the final release to you.

9. REFUNDS

Our services are the provision to you of electronic non-physical or irreversible goods and cannot be physically returned or exchanged after being provided to you. We shall complete the creation of the audiobook in accordance with our understanding of your instructions as delivered to us before we commence work and consequently we are not able to make any refund of monies paid by you to us. We will consider any amendments requested by you to the audiofile as Extras after it has been made available for download by you, but are not obligated in any way to make the amendments. We may at our sole and absolute discretion offer to make the amendments in return for an hourly charge, based on the amount of time we consider it will take to make them, in which case we will submit an estimate, which must be approved and paid in full before any work is done. All further amendments, including amendments of amendments, shall be considered by us in the same way and without any obligation to carry them out.

10. PROVISION OF INFORMATION

Where as part of the project you are requested to provide information you must do so in a timely manner and within 14 days of the request being made by us to you, time being of the essence. If you fail to provide the information, or fail to provide it within the time limited, we shall be entitled to proceed as we think fit in our absolute discretion. Instructions given by you cannot be countermanded once given. Notwithstanding the foregoing if you fail to respond within 30 days of being given notice to that effect by us, time being of the essence, all payments made by you to us shall be forfeited to us and we shall be entitled thereupon to destroy or delete all information we hold in relation to your account and to thereupon close your account.

11. VARIATIONS

We shall consider any requests made by you for Extras or variations in your instructions or in the files created by us, but shall be under no obligation to comply with them or any of them. If we agree, at our discretion, to make variations or carry out Extras we may require additional compensation before carrying out the work.

12. NON-COMPLETION

In addition and not in substitution for all other remedies available to us pursuant to these terms and conditions, if at the expiration of six calendar months from the commencement of the Project we are unable to deliver the Project owing to your failure to provide information in a timely manner or at all or otherwise through circumstances beyond our reasonable control, any money paid by you shall be forfeited to us and we shall be entitled without notice to destroy any material given to us by you or on your behalf and close your account.

13. DELIVERY

All turnaround times stated on our website or by e-mail are only an estimation. In any event, the turnaround time may be extended at any time after purchase. Rush Delivery may or may not be available.

14. STORAGE

We will usually store your completed audiobook for up to six months from delivery, after which we shall be at liberty to delete it from our system without notice to you. In no case shall we be liable if the audio book file is corrupted or deleted after delivery to you.

15. COPYRIGHT

The copyright and title to the completed audiobook shall belong to you after payment in full of out Quotation and all Extras. However, we retain copyright in the voicefiles used to create the audiobook to the extent necessary to prevent the voicefiles being used for any purpose other than as part of the completed audiobook and in particular to prevent use of the Voices for any other purposes whatsoever other than as part of the completed audiobook.

The Producer reserves the right, but not the obligation, to terminate your right to access your Account and/or any material created as or as part of the Project if The Producer determines in its sole and absolute discretion that you are involved in any activity that may be infringing copyright, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. The Producer endeavours to accommodate and does not interfere with standard technical measures used by copyright owners to protect their materials. The Producer may implement procedures for receiving written notification of claimed infringements and for processing such claims.

If you believe that anything on the Website or the Services infringes upon any copyright which you own or control you may file a notification of such infringement and submit them via email to info@aaaudiobooks.com.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

The Producer respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Website or in relation to the Services; (iv) your address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

15. PRIVACY POLICY

As used in this Privacy Policy, the Service provided by AAaudiobooks Ltd refers to all websites, mobile sites, applications, and other properties or services owned or operated by us. By accessing and/or using our Website or any app product or service available on or through this Website, you are accepting the practices described in this Privacy Policy and in the Terms of Use. We strongly believe in keeping your personal information confidential. The following policy describes what information we collect and how it is used and shared.

USER PROVIDED INFORMATION

When you register with us and use the Service, you generally provide your name, e-mail address, geolocation, phone number and other information.

AUTOMATICALLY COLLECTED INFORMATION

In addition, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Service.

AUTOMATIC DATA COLLECTION AND ADVERTISING

We may work with analytics companies to help us understand how the Service is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the app which helps us make the app experience better.

We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.

List of 3-rd party networks, which are used to promote our app (including, but not limited to):

Third-party (including, but not limited to) analytics software, which collect and use information from our app to analyse advertising and users behaviour inside our app:

USER DATA

You agree that in order to provide services to you which you have requested including relevant content and advertising, we may exchange information that we collect from you with third parties who help us perform these tasks and provide these products and services including OpenUDID, Advertising Identifier, Advertising ID, IDFA, IDFV, vendor ID for iOS platform, Mac address, IMEI, Android ID for Android platform, ODIN1 for OS X, information about your device systems, application software and peripherals, and the country setting on the device.

SECURITY

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our service. Please be aware that, although we endeavour provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. You understand and acknowledge that the submission of any such information by you via the Internet or posting it on non-public (restricted or private) pages is at your own risk.

CHANGES

This Privacy Policy may be updated from time to time for any reason. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. Any changes made to our privacy policy will be published on this page, containing the “last updated” date.

YOUR CONSENT

By using the Service, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing, means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

CONTACT US

If you have any questions regarding privacy while using the app, or have questions about our practices, please contact us via email at info@aaaudiobooks.com.

If you’re based in the EU/EEA or UK then please note that AAaudiobooks Ltd, which processes the personal data of individuals in the European Union, European Economic Area and/or UK, in either the role of ‘data controller’ or ‘data processor’, has appointed Data Rep as its Data Protection Representative for the purposes of GDPR * in the EU/EER and The Data Protection Act 2018 (as amended) in the UK.

If AAaudiobooks Ltd has processed or is processing your personal data, you may be entitled to exercise your rights under GDPR in respect of that personal data. For more details on the rights you have in respect of your personal data, please refer to the European Commission (https://ec.europa.eu/info/lla_w/law_topic/data-protection/data-protection-eu_en) or the national Data Protection Authority in your country.

AAaudiobooks Ltd takes the protection of personal data seriously, and has appointed DataRep as their Data Protection Representative in the European Union so that you can contact them directly in your home country. DataRep has locations in each of the 27 EU countries, the UK, and Norway & Iceland in the European Economic Rrea (EER), so that AAaudiobooks Ltd’s customers can always raise the questions they want with them.

If you want to raise a question to AAaudiobooks Ltd, or otherwise exercise your rights in respect of your personal data, you may do so by:

PLEASE NOTE:When mailing inquiries, it is ESSENTIAL that you mark your letters for ‘DataRep’ and not ‘AAaudiobooks Ltd’, or your inquiry may not reach us. Please refer clearly to AAaudiobooks Ltd in your correspondence. On receiving your correspondence, AAaudiobooks Ltd is likely to request evidence of your identity, to ensure your personal data and information connected with it is not provided to anyone other than you.

If you have any concerns over how Data Rep will handle the personal data we will require to undertake our services, please refer to our privacy notice at www.datarep.com/privacy-policy.

These are our contact addresses:-

Country Address
Austria DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz, 8020, Austria
Belgium DataRep, Place de L’Université 16, Louvain-La-Neuve, Waals Brabant, 1348, Belgium
Bulgaria DataRep, 132 Mimi Balkanska Str., Sofia, 1540, Bulgaria
Croatia DataRep, Ground & 9th Floor, Hoto Tower, Savska cesta 32, Zagreb, 10000, Croatia
Cyprus DataRep, Victory House, 205 Archbishop Makarios Avenue, Limassol, 3030, Cyprus
Czech Republic DataRep, IQ Ostrava Ground floor, 28. rijna 3346/91, Ostrava-mesto, Moravska, Ostrava, Czech Republic
Denmark DataRep, Lautruphøj 1-3, Ballerup, 2750, Denmark
Estonia DataRep, 2nd Floor, Tornimae 5, Tallinn, 10145, Estonia
Finland DataRep, Luna House, 5.krs, Mannerheimintie 12 B, Helsinki, 00100, Finland
France DataRep, 72 rue de Lessard, Rouen, 76100, France
Germany DataRep, 3rd and 4th floor, Altmarkt 10 B/D, Dresden, 01067, Germany
Greece DataRep, 24 Lagoumitzi str, Athens, 17671, Greece
Hungary DataRep, President Centre, Kálmán Imre utca 1, Budapest, 1054, Hungary
Iceland DataRep, Kalkofnsvegur 2, 101 Reykjavík, Iceland
Ireland DataRep, The Cube, Monahan Road, Cork, T12 H1XY, Republic of Ireland
Italy DataRep, Viale Giorgio Ribotta 11, Piano 1, Rome, Lazio, 00144, Italy
Latvia DataRep, 4th & 5th floors, 14 Terbatas Street, Riga, LV-1011, Latvia
Liechtenstein DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz, 8020, Austria
Lithuania DataRep, 44A Gedimino Avenue, 01110 Vilnius, Lithuania
Luxembourg DataRep, BPM 335368, Banzelt 4 A, 6921, Roodt-sur-Syre, Luxembourg
Malta DataRep, Tower Business Centre, 2nd floor, Tower Street, Swatar, BKR4013, Malta
Netherlands DataRep, Cuserstraat 93, Floor 2 and 3, Amsterdam, 1081 CN, Netherlands
Norway DataRep, C.J. Hambros Plass 2c, Oslo, 0164, Norway
Poland DataRep, Budynek Fronton ul Kamienna 21, Krakow, 31-403, Poland
Portugal DataRep, Torre de Monsanto, Rua Afonso Praça 30, 7th floor, Algès, Lisbon, 1495-061, Portugal
Romania DataRep, 15 Piaţa Charles de Gaulle, nr. 1-T, Bucureşti, Sectorul 1, 011857, Romania
Slovakia DataRep, Apollo Business Centre II, Block E / 9th floor, 4D Prievozska, Bratislava, 821 09, Slovakia
Slovenia DataRep, Trg. Republike 3, Floor 3, Ljubljana, 1000, Slovenia
Spain DataRep, Calle de Manzanares 4, Madrid, 28005, Spain
Sweden DataRep, S:t Johannesgatan 2, 4th floor, Malmo, SE – 211 46, Sweden
United Kingdom DataRep, 107-111 Fleet Street, London, EC4A 2AB, United Kingdom

16. LIMITATION OF LIABILITY

Except in case of intentional and gross misconduct our liability to you shall be limited to a refund of any amount paid by or on your behalf to us and received as cleared funds by us. In case of such claim you must immediately cease making use of any work done by us for you.

17. ENTIRE AGREEMENT

These terms constitute the entire agreement between the Parties and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, unless specifically mentioned in our Quotation to you. If there is something on which you later wish to rely, you must ensure that it is clearly described in our Quotation, before you accept it. If we do any work for you we shall be conclusively entitled to assume that you have accepted our Quotation.

18. LAW & JURISDICTION

These Terms & Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of England. You irrevocable agree to accept the exclusive jurisdiction of the courts of Gibraltar. You also irrevocably agree that service of process and notices may be made to the e-mail address you specified as your e-mail address when opening your account, or to any subsequent e-mail address notified to us at info@aaudiobooks.com.

Dated: 16th March 2024.