Terms of service

1. Agreement to Terms

By accessing or using littleHYPE ("the Service," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Service.

littleHYPE provides a platform for creating personalized audio gifts using AI-powered voice generation, image creation, and audio mixing technology.

2. Description of Service

2.1 Free Service

Our free service allows you to:

• Create personalized gift scripts using AI
• Preview voice and visual options
• Access limited features for gift creation

Free gifts expire after 30 days from creation and may have limited access to premium features.

2.2 Paid Service ($9)

Our paid service includes:

• Full access to AI script generation across 35+ themed styles
• Professional voice generation using ElevenLabs technology
• AI-powered image generation customized to your gift theme
• Background music selection and audio mixing
• 30-day access to your gift workspace
• Ability to resume and edit your gift anytime within the access period
• Shareable link for gift delivery
• Optional password protection for your gift
• Ability to schedule gift delivery via email
• Guest comment functionality on gifts

2.3 Service Delivery

• After payment, you will receive a magic link via email to access your gift creation workspace
• Gifts are delivered via a unique shareable URL
• You can schedule gifts to be emailed to recipients at a future date
• All gifts are accessible online; we do not provide physical delivery

3. User Responsibilities

3.1 Acceptable Use

You agree to use littleHYPE only for lawful purposes. You will NOT:

• Create content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Service to generate spam, phishing, or fraudulent content
• Upload audio recordings that violate copyright or other intellectual property rights
• Create content that promotes hate speech, violence, or discrimination
• Attempt to interfere with, compromise, or damage the Service or its infrastructure
• Use the Service to generate excessive requests that could burden our systems (rate limits apply)
• Reverse engineer, decompile, or attempt to extract source code from the Service

3.2 Content Responsibility

You are solely responsible for:

• The content of your gift scripts, audio recordings, and personal messages
• Ensuring you have the right to use any audio you upload
• The accuracy of recipient email addresses for scheduled delivery
• Maintaining the confidentiality of your gift access links and passwords

3.3 Age Requirements

You must be at least 18 years old to use littleHYPE. If you are under 18, you must have parental or guardian consent to use the Service.

4. Payment Terms

4.1 Pricing

• The standard price for a littleHYPE gift is $9 USD
• Pricing is subject to change with notice
• Promotional discount codes may be available at our discretion

4.2 Payment Processing

• All payments are processed securely through Stripe
• By making a purchase, you agree to Stripe's Terms of Service
• We do not store your credit card information

4.3 Refund Policy

No Refunds: All sales are final. Once you purchase access to create a gift, we cannot issue refunds because:

• You immediately receive access to premium AI services (script generation, voice synthesis, image generation)
• AI processing costs are incurred upon use
• You receive the full service upon payment

Exceptional Circumstances: We may consider refunds only in cases of:

• Technical failure preventing service delivery
• Duplicate charges due to payment processing errors
• Service unavailability for extended periods

To request a refund review, contact us at [YOUR_SUPPORT_EMAIL] within 48 hours of purchase with your order details.

4.4 Access Period

• Paid gifts provide 30 days of access to your gift workspace from the date of purchase
• After 30 days, you can still view and share completed gifts, but editing access expires
• We may extend gift storage beyond 30 days at our discretion, but this is not guaranteed

5. Intellectual Property Rights

5.1 Your Content

You retain ownership of:

• Your original audio recordings
• Your written personal messages and input text
• Your gift ideas and creative concepts

5.2 AI-Generated Content

Content generated by our AI services (scripts, voice recordings, images, music) is subject to the following:

• Scripts: You have a non-exclusive license to use AI-generated scripts for personal, non-commercial purposes
• Voice Recordings: Generated using ElevenLabs technology; you may use them within your gifts but cannot extract and repurpose them commercially
• Images: Generated using AI models; you may use them within your gifts for personal use
• Music: Background music is provided for use within your gifts only

5.3 Our Intellectual Property

The Service, including but not limited to its design, code, features, branding, and technology, is owned by littleHYPE and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works based on the Service
• Use our branding, logo, or name without permission
• Frame or mirror any part of the Service

5.4 User License to Us

By creating content through littleHYPE, you grant us a limited, non-exclusive license to:

• Store and process your content to provide the Service
• Display your gift to recipients you specify
• Use anonymized, aggregated data to improve the Service
• We will NOT use your personal gift content for marketing without your explicit consent

6. Third-Party Services

6.1 AI Services

We use third-party AI providers including:

• OpenAI for script generation
• ElevenLabs for voice synthesis
• Replicate for image and music generation

Your content may be processed by these services. By using littleHYPE, you acknowledge that your input data will be sent to these providers for processing.

6.2 Payment Processing

Stripe processes all payments. By making a purchase, you agree to Stripe's Terms of Service and Privacy Policy.

6.3 Email Delivery

We use Resend for email delivery. Your email address will be processed by Resend when we send you gift links or scheduled deliveries.

6.4 No Endorsement

Our use of third-party services does not constitute endorsement of those services, and we are not responsible for their actions or policies.

7. Service Availability and Modifications

7.1 Service Availability

We strive to maintain 99% uptime, but we do not guarantee uninterrupted access to the Service. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Technical difficulties
• Third-party service outages (OpenAI, ElevenLabs, Replicate)
• Force majeure events

7.2 Modifications to Service

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Change pricing with reasonable notice
• Add or remove features
• Update these Terms (we will notify you of material changes)

7.3 No Liability for Downtime

We are not liable for any losses resulting from Service unavailability, except as required by law.

8. Disclaimers and Limitations of Liability

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• That the Service will be error-free, secure, or uninterrupted
• That AI-generated content will meet your expectations
• The accuracy, reliability, or quality of any content generated by the Service

8.2 AI Content Disclaimer

AI-generated content (scripts, images, voice, music) may occasionally:

• Contain errors, inaccuracies, or unexpected results
• Not perfectly match your intended tone or style
• Require editing or regeneration

We are not responsible for the subjective quality of AI-generated content.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LITTLEHYPE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruptions or errors
• Third-party actions or content
• Damages exceeding the amount you paid to littleHYPE in the 12 months prior to the claim (maximum $9 USD per gift)

8.4 User Disputes

We are not responsible for disputes between users and gift recipients, including:

• Offensive or inappropriate content created by users
• Relationship issues arising from gift content
• Copyright disputes related to user-uploaded content

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

Key points:

• We collect minimal personal data (email, gift content, payment info via Stripe)
• We do not sell your personal information
• We use industry-standard security measures
• You have rights to access, correct, and delete your data

Please review our full Privacy Policy at [PRIVACY_POLICY_URL].

10. Gift Expiration and Content Removal

10.1 Free Gifts

• Expire 30 days after creation by default
• May be extended at our discretion
• We reserve the right to delete expired gifts after 30 days

10.2 Paid Gifts

• Editing access expires 30 days after purchase
• Viewing and sharing may continue beyond 30 days
• We may retain gifts longer but do not guarantee permanent storage
• You can set custom expiration dates for gifts

10.3 Content Removal

We reserve the right to remove any gift content that:

• Violates these Terms
• Contains illegal, harmful, or offensive material
• Infringes on intellectual property rights
• Is reported for abuse

11. Password-Protected Gifts

11.1 Password Security

• You are responsible for creating secure passwords for protected gifts
• We hash passwords using industry-standard encryption
• We cannot recover lost passwords; recipients must contact you directly
• You can provide an optional password hint to help recipients

11.2 Access Control

Password protection is a security feature to control gift access, but:

• It is not foolproof and should not be used for highly sensitive information
• Anyone with the link AND password can view the gift
• We are not liable for unauthorized access due to weak passwords or password sharing

12. Comments and User-Generated Content

12.1 Guest Comments

Recipients can leave comments on gifts without creating an account. By posting a comment, you agree that:

• Comments are visible to anyone with the gift link
• You are responsible for the content of your comments
• We may remove comments that violate these Terms
• We are not responsible for user comments

12.2 Prohibited Comments

Comments must not contain:

• Spam, advertising, or promotional content
• Offensive, abusive, or harassing language
• Personal information of others without consent
• Illegal content or links to illegal content

13. Scheduled Email Delivery

13.1 Email Scheduling

You can schedule gifts to be emailed to recipients at a future date. Please note:

• We will make reasonable efforts to deliver emails at the scheduled time
• Email delivery is not guaranteed and may be delayed due to technical issues
• We are not liable for non-delivery or delayed delivery
• You are responsible for providing accurate recipient email addresses

13.2 Email Content

Scheduled emails will contain:

• A link to view the gift
• Basic gift information
• Instructions for viewing
• Our branding and contact information

14. Termination

14.1 Termination by You

You may stop using the Service at any time. No refunds will be issued for unused portions of paid services.

14.2 Termination by Us

We may suspend or terminate your access to the Service:

• If you violate these Terms
• If we suspect fraudulent or illegal activity
• If required by law
• At our discretion with or without notice

14.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• Your gifts may be deleted
• Paid services will not be refunded
• Provisions regarding liability, disclaimers, and indemnification survive termination

15. Indemnification

You agree to indemnify, defend, and hold harmless littleHYPE, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you create, upload, or share through the Service
• Your violation of applicable laws or regulations

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of [YOUR_JURISDICTION], without regard to conflict of law principles.

16.2 Arbitration Agreement

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration rather than in court, except:

• Small claims court disputes
• Intellectual property disputes
• Injunctive relief requests

By agreeing to these Terms, you waive your right to a jury trial.

16.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions or class-wide arbitration.

16.4 Informal Resolution

Before filing any formal claim, you agree to contact us at [SUPPORT_EMAIL] to attempt informal resolution.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and littleHYPE regarding the Service.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

17.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control (acts of God, war, strikes, government actions, pandemics, etc.).

17.6 Changes to Terms

We may update these Terms from time to time. Material changes will be notified via:

• Email to your provided address
• Prominent notice on our website
• In-app notification

Continued use of the Service after changes constitutes acceptance of the new Terms.

18. Contact Information

If you have questions about these Terms, please contact us:

Email: [YOUR_SUPPORT_EMAIL]
Website: [YOUR_WEBSITE_URL]

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