These Terms of Service (the "Terms") form a binding agreement between you and Nestbitt Inc. ("Nestbitt", "we", "our", or "us") and govern your access to and use of the Nestbitt websites, applications, APIs, and related services (together, the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, Content Policy, Licensing & Usage Rights, AI Disclosure, Subscription & Billing Terms, Refund Policy, and Copyright & DMCA Policy. Where a conflict exists, these Terms control unless the other policy expressly states otherwise.
Arbitration and class-action waiver
These Terms contain a binding arbitration clause and a class-action waiver in the Dispute Resolution section. They affect how disputes are resolved, including a 30-day right to opt out of arbitration and a carve-out preserving mandatory consumer-protection rights for residents of Quebec and other Canadian provinces. Please read that section carefully.
Acceptance and Eligibility
By using the Service you represent that you have the legal capacity to enter into a binding contract and that you will comply with these Terms and all applicable laws. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes that organization.
You must be at least 13 years old to use the general Service. Voice cloning, biometric, and other voice-likeness features require that you be at least 18 years old, or that a parent or legal guardian has provided verified consent and accepts these Terms on the minor's behalf. We do not knowingly permit children under 13 to create an account; see the Privacy Policy for our children's-privacy practices.
You may not use the Service if you are barred from doing so under the laws of the Province of Alberta, Canada, your jurisdiction of residence, or applicable trade-control law, or if your access has previously been terminated for a violation of these Terms.
Definitions
- Account
- The registered profile through which you access the Service.
- Content
- Any text, audio, music, lyrics, voice samples, images, prompts, metadata, or other material you upload, submit, generate, or share through the Service.
- User Content
- Content that you provide or upload, including prompts, lyrics, and voice samples.
- Output
- Audio, music, vocals, lyrics, artwork, or other material generated by the Service's AI models in response to your inputs.
- Voice Model
- A trained representation of a voice (a voiceprint or cloned voice) created from voice samples for the purpose of generating synthetic speech or singing.
- Subscription
- A paid plan providing access to specified features, credits, or usage tiers, as described in the Subscription & Billing Terms.
Accounts and Security
You are responsible for the accuracy of your registration information, for safeguarding your credentials, and for all activity that occurs under your Account. You must keep your password confidential, enable available security features such as two-factor authentication where offered, and notify us promptly at support@nestbitt.com of any unauthorized use or security breach.
You may not share, sell, or transfer your Account, use another person's Account without permission, or create an Account using automated means or false information. We may suspend or restrict access if we reasonably believe your Account security has been compromised.
AI Output: License, Ownership, and Risk
Subject to your compliance with these Terms and payment of any applicable fees, Nestbitt assigns and licenses to you its rights, if any, in the Output you generate, on the terms set out in the Licensing & Usage Rights policy. The scope of your commercial rights depends on your plan.
AI output may not be eligible for copyright
Under guidance issued by the U.S. Copyright Office (including its January 2025 report on copyright and artificial intelligence) and the approach taken in several other jurisdictions, material that is generated purely by an AI system without sufficient human authorship may not be eligible for copyright protection. As a result, Nestbitt does not warrant that you own, or hold exclusive rights in, any Output, and we cannot guarantee that identical or substantially similar Output will not be generated for another user. See the AI Disclosure for details.
You are solely responsible for how you use Output. The legal landscape around AI training data and generated music is evolving, and there is ongoing litigation in various jurisdictions concerning the data used to train generative-AI models. We make no representation about the outcome of any such matter, and you bear the risk that your use of Output could be alleged to infringe a third party's rights (including copyright, trademark, or rights of publicity). You should obtain independent legal advice before relying on Output for high-stakes commercial use.
Voice Cloning and Likeness
Consent is mandatory
You may only create or use a Voice Model from a voice that is your own, or for which you hold documented consent and the legal right to clone and use that voice. Creating or using a Voice Model of any other person without their verifiable consent is strictly prohibited.
You warrant that, for every voice sample you submit and every Voice Model you create or use, you own the voice or have obtained explicit, documented, and revocable consent from the person whose voice it is, and that you have all rights necessary to use that voice for the purposes you intend. We may require you to provide evidence of consent and may decline, suspend, or remove any Voice Model at our discretion.
You must not use the Service to impersonate any person, to create non-consensual synthetic voices or likenesses, to produce deceptive "deepfake" content, or to generate material that could mislead listeners into believing a real person said or sang something they did not. Synthetic voice and music output must be disclosed where required by law or platform rules.
Voice and likeness are protected by law that you must comply with. These include the right of publicity and emerging voice-likeness statutes such as Tennessee's ELVIS Act (Ensuring Likeness, Voice, and Image Security Act) and the proposed U.S. federal NO FAKES Act, as well as comparable rights under Canadian provincial law. These laws are obligations you must satisfy; Nestbitt does not provide them as a guarantee, does not act as your counsel, and is not responsible for your compliance. Prohibited conduct is detailed in the Acceptable Use Policy.
Acceptable Use and Content Standards
Your use of the Service must comply with the Acceptable Use Policy and the Content Policy. Among other things, you may not use the Service to create or distribute unlawful, infringing, hateful, harassing, sexually exploitative, fraudulent, or deceptive material, to circumvent technical or usage limits, to scrape or reverse-engineer the Service, or to interfere with its security or operation.
We may, but are not obligated to, review Content and may remove or restrict Content that violates these Terms or applicable law. Repeated or severe violations may result in termination as described in Termination.
Your Content and the License You Grant Us
You retain whatever ownership rights you have in your User Content. To operate the Service, you grant Nestbitt a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt, transmit, display, and perform your User Content and Output solely as needed to provide, secure, improve, and (where you have made Content public) promote the Service.
We do not use your User Content to train AI models except where you have given consent or where the data has been effectively anonymized. This license ends when you delete the relevant Content or your Account, except for residual copies retained for a limited period for backup, legal, or safety purposes, and except to the extent Content has been shared with others who retain their copies. Our handling of personal information in your Content is governed by the Privacy Policy.
Subscriptions, Credits, and Payments
Some features require a paid Subscription or the purchase of credits. Pricing, billing cycles, auto-renewal, taxes, and cancellation are governed by the Subscription & Billing Terms. Refund eligibility is governed by the Refund Policy.
Payments are processed by our third-party payment processor (Stripe). By providing payment information you authorize us and our processor to charge the applicable fees. You are responsible for keeping your payment details current. We may change prices on prospective notice as described in the Subscription & Billing Terms.
Nestbitt Intellectual Property
The Service, including its software, models, design, text, graphics, and the Nestbitt name and logos, is owned by or licensed to Nestbitt and is protected by intellectual-property law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You acquire no rights in our brand or platform beyond that license. Further detail is in the Copyright Statement & Platform IP Notice.
Disclaimer of Warranties
The Service is provided "as is"
To the fullest extent permitted by law, the Service and all Output are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Generative-AI systems are probabilistic. Output may be inaccurate, incomplete, offensive, or unexpectedly similar to existing works or voices (a phenomenon sometimes called "hallucination" or unintended similarity). We do not warrant that Output will be original, fit for any purpose, error-free, or free of resemblance to third-party material, and we do not warrant that the Service will be uninterrupted, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Nestbitt or its officers, directors, employees, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Nestbitt's total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the total amount you paid to Nestbitt in the twelve (12) months preceding the event giving rise to the claim, or (b) US$100.
Some limitations may not apply to you
Some jurisdictions, including certain Canadian provinces and Quebec consumers under the Consumer Protection Act, do not allow the exclusion or limitation of certain damages or warranties. To the extent the law of your jurisdiction does not permit them, the exclusions and limitations in this section may not apply to you, and our liability is limited to the smallest amount permitted by that law.
Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Nestbitt and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content or Output and how you use it; (b) your use of any voice or Voice Model, including any claim of impersonation or violation of a right of publicity or voice-likeness law; (c) your violation of these Terms or any applicable law; or (d) your infringement of any third party's rights.
Suspension and Termination
You may stop using the Service and close your Account at any time. We may suspend or terminate your access, in our sole discretion and with or without notice, if you violate these Terms or any incorporated policy, if required by law, or to protect the Service or its users. For severe violations — including unlawful content, non-consensual voice cloning, or threats to safety or security — suspension or termination may be immediate.
We maintain a repeat-infringer policy and will terminate, in appropriate circumstances, the Accounts of users who repeatedly infringe copyright, as described in the Copyright & DMCA Policy. Provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
Changes to These Terms
We may modify these Terms from time to time. When we make a material change, we will update the version and effective date shown for this document and provide reasonable notice, such as by email or an in-product notice. Material changes take effect after the notice period, and your continued use of the Service after they take effect constitutes acceptance. If you do not agree to the change, you must stop using the Service.
Dispute Resolution, Governing Law, and Arbitration
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.
Before commencing any formal proceeding, you agree to first contact us at legal@nestbitt.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Except where prohibited by applicable law, any unresolved dispute will be finally resolved by binding arbitration administered by the ADR Institute of Canada under its applicable rules, seated in the Province of Alberta, Canada, conducted in English by a single arbitrator. To the extent permitted by applicable law, disputes will be resolved on an individual basis only, and you waive any right to participate in a class, collective, or representative proceeding.
30-day arbitration opt-out
You may opt out of the arbitration and class-action-waiver provisions by sending written notice to legal@nestbitt.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts of the Province of Alberta, Canada.
Canadian and Quebec consumer carve-out
Nothing in this section waives or limits any mandatory right you have as a consumer under applicable Canadian provincial law. In particular, residents of Quebec retain the rights and access to the courts and tribunals guaranteed by Quebec's Consumer Protection Act, and consumers in other provinces retain any non-waivable rights, including any right to bring or join proceedings, that their provincial consumer-protection law preserves. Where such law prohibits arbitration or class-action waivers for consumers, those provisions do not apply to you to the extent prohibited.
Export Controls and Sanctions
You represent that you are not located in, ordinarily resident in, or acting on behalf of any country or person subject to applicable trade sanctions, and that you will comply with all applicable export-control and economic-sanctions laws, including Canada's Special Economic Measures Act (SEMA) and Export and Import Permits Act (EIPA), and any comparable U.S. or other trade-control laws. You may not use or export the Service in violation of those laws.
General
- Entire agreement — These Terms and the policies they incorporate are the entire agreement between you and Nestbitt regarding the Service and supersede any prior agreements on that subject.
- Severability — If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be limited or removed to the minimum extent necessary.
- Waiver — Our failure to enforce any right or provision is not a waiver of it.
- Assignment — You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure — Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices — We may provide notices by email, in-product message, or posting to the Service; you may send notices to the addresses in Contact.
- Governing language — These Terms are drafted in English, which controls; any translation is for convenience only, except where applicable law (such as in Quebec) requires otherwise.
Contact Us
Questions about these Terms can be sent to our legal team:
- By email: legal@nestbitt.com
- By mail: Nestbitt Inc., Suite C, 16644 - 71 St, Edmonton, AB. T5Z 0N5, Canada