Terms of Service

1. Who we are and what these terms cover#

These Terms of Service ("Terms") are an agreement between you and ENNOVAQ (SMC-PRIVATE) LIMITED ("Ennovaq", "we", "us"), a single-member private limited company incorporated in Pakistan under the Companies Act, 2017.

The Terms apply to the website at ennovaq.com and to every product we provide, including their websites, apps, APIs and support (together, the "Services"):

If you hire us to build software or provide other professional services, the written agreement or statement of work we sign with you governs that work. These Terms apply to it only where that agreement says so.

If anything in a plan description, order form or checkout page conflicts with these Terms, the more specific document applies to that purchase. Our Privacy Policy, Cookie Policy, Refund Policy, Acceptable Use Policy and, for business customers, our Data Processing Addendum form part of these Terms.

2. Accepting these terms#

You accept these Terms when you create an account, buy a plan or use the Services. If you use the Services on behalf of a company or other organisation, you confirm that you are authorised to bind it, and "you" means that organisation.

You must be at least 18, or the age of majority where you live, to create an account. Where a product allows younger users, people aged 13 to 17 may use it only with the consent of a parent or guardian, who accepts these Terms on their behalf. Nobody under 13 may use the Services. EchoClone and the voice-cloning and avatar features of ReVidGen are available to adults only.

3. Your account#

Keep your sign-in details and API keys secure and do not share them. You are responsible for activity on your account. Tell us at once at info@ennovaq.com if you think someone else has accessed it.

Give us accurate information and keep it up to date. We may refuse, suspend or close an account opened with false details or to get around a previous suspension.

4. Plans, credits and pricing#

Each product describes its plans, limits and prices on its own website. Paid plans are billed in advance for each billing period, monthly or yearly, as shown at checkout.

Many plans include credits that you spend on generations or analyses. Unless the plan says otherwise, credits are granted for a billing period, expire at the end of that period or on the date the plan states, have no cash value, cannot be transferred or resold, and are not refundable once used.

Free plans come with limits, and we may change or withdraw them at any time.

Prices exclude taxes unless shown otherwise; applicable sales tax, VAT or GST is added at checkout. We may change prices for future billing periods. If you already subscribe, we will tell you at least 30 days before a price increase takes effect, and you can cancel before then.

5. Payment and who sells to you#

Card payments through a Merchant of Record. When you buy through a Paddle checkout, our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for those orders: Paddle sells the plan or credits to you, collects payment and tax, and provides all customer service inquiries and handles returns for those orders, under Paddle's buyer terms shown at checkout. SpikeGuru subscriptions are currently sold through Lemon Squeezy, LLC, which acts as Merchant of Record on the same basis.

Local payments in Pakistan. When you pay through a local method such as Easypaisa, JazzCash, NayaPay or bank transfer, you pay Ennovaq directly. We confirm these payments manually, usually within a few hours on business days, and activate your plan once the payment is confirmed.

If a payment fails, we may retry it, pause paid features or downgrade the account until it is paid. Please contact us before disputing a charge with your bank; disputes we are not told about can delay a fix, and the account may be paused while a dispute is open.

6. Renewal and cancellation#

Subscriptions renew automatically at the end of each billing period, at the price then in effect, until you cancel.

You can cancel at any time from your account settings, through the Merchant of Record's customer portal, or by writing to info@ennovaq.com. Cancellation stops the next renewal; you keep access until the end of the period you have paid for. We do not give partial refunds for unused time within a period, except where our Refund Policy or the law says otherwise.

7. Refunds#

Refund windows and conditions differ by product and are set out in our Refund Policy. Nothing in these Terms or in that policy limits any right you have under consumer law where you live.

8. Your content and the outputs#

Your inputs. Text, audio, voice samples, images, video, documents and other material you submit ("Inputs") remain yours. You give us a worldwide, non-exclusive licence to host, copy, process and transmit Inputs only as needed to provide, secure and support the Services for you, including through the providers listed on our Sub-processors page.

The outputs. As between you and us, you own the audio, video, images, text and analyses the Services generate for you ("Outputs"), and we assign to you any rights we hold in them, as long as you comply with these Terms and have paid for the plan you used. Similar outputs may be generated for other users. We do not promise that Outputs are unique, accurate or protected by copyright in your country, and you are responsible for checking that your use of them is lawful.

No training on your content. We do not use your Inputs or Outputs to train AI models made available to anyone else, and our model providers are not permitted to. A voice model created from your recordings is used only for your account.

Responsibility. You are responsible for your Inputs and for how you use Outputs, including any labelling or disclosure that the law or a platform requires when you publish AI-generated content.

9. Voices and likenesses#

You may clone or synthesise a voice, or create an avatar or video showing a real person, only if it is you or you hold that person's explicit, written consent for the specific use, as set out in our Acceptable Use Policy. Never use the voice or likeness of anyone under 18.

We may ask you to prove consent, to complete a voice verification, or to remove content, and we may disable a voice or avatar while we check. We will act on credible reports that a voice or likeness has been used without consent.

10. Acceptable use#

You must follow our Acceptable Use Policy. In short: do not use the Services to deceive, impersonate, defraud, harass or harm anyone, to break the law, or to interfere with the Services or with other users.

11. Our intellectual property#

The Services, including the software, models we develop, designs, documentation and our names and logos, belong to us or our licensors and are protected by law. These Terms give you a limited, revocable, non-exclusive, non-transferable right to use the Services for your own personal or internal business purposes while your account is in good standing.

If you send us feedback or ideas, we may use them without obligation to you.

12. Third-party services#

Some features depend on third parties, such as AI model providers, payment providers, sign-in providers and platforms. Their own terms may also apply, and we are not responsible for services we do not control.

SpikeGuru and YouTube. SpikeGuru uses YouTube API Services. By connecting a YouTube account to SpikeGuru, you agree to be bound by the YouTube Terms of Service. How we handle data from Google is explained in our Privacy Policy.

13. APIs#

Where a product offers an API, keep your keys confidential, stay within published rate limits and do not try to get around them. We may change or retire API versions with reasonable notice, except where a change is needed for security or legal reasons.

14. Availability and changes#

We work to keep the Services available, but we do not promise uninterrupted access. We may change features, limits or models to improve the Services, for security or to meet legal requirements. If a change materially reduces a paid plan you are using, we will tell you in advance where we reasonably can, and you may cancel.

Features labelled beta, preview or experimental may change or end at any time and are provided without any commitment.

15. Suspension and termination#

You can stop using the Services and close your account at any time.

We may suspend or close your account, or remove content, if you materially breach these Terms or the Acceptable Use Policy, if we must to comply with the law, or if your use creates a security, legal or fraud risk to us, to other users or to the public. Where reasonable we will warn you first and give you a chance to fix the problem; we will not warn you where doing so would be unlawful or unsafe, or for serious abuse such as non-consensual cloning, fraud or child exploitation.

When an account closes, your right to use the Services ends. We delete your data as described in our Privacy Policy. Sections that by their nature should survive, including those on intellectual property, disclaimers, liability, indemnity and governing law, continue to apply.

16. Disclaimers#

AI systems make mistakes. Outputs can be inaccurate, incomplete or unsuitable, and they are not professional advice: check anything important before you rely on it.

To the extent the law allows, the Services and Outputs are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

17. Limitation of liability#

To the extent the law allows:

• neither party is liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, goodwill or data, even if warned they might occur; and
• our total liability arising out of or relating to these Terms or the Services is limited to the greater of (a) the amount you paid us for the affected Service in the 12 months before the event giving rise to the claim, and (b) US$100.

Nothing in these Terms limits liability for fraud, for death or personal injury caused by negligence, or any other liability that cannot be limited by law.

18. Indemnity#

If someone brings a claim against us because of your Inputs, your use of Outputs, your breach of these Terms or the Acceptable Use Policy, or your violation of anyone's rights, including rights in their voice or likeness, you will cover the reasonable costs and losses that result. We will tell you about the claim promptly and let you take part in its defence. This section does not apply to consumers where the law does not allow it.

19. Consumers#

If you use the Services as a consumer, you keep every right that the mandatory consumer law of your country gives you. If you live in the European Union or the United Kingdom, the mandatory provisions of the consumer law of your country of residence also apply, and you may bring proceedings in the courts there.

20. Governing law and disputes#

These Terms, and any dispute about them or the Services, are governed by the laws of the Islamic Republic of Pakistan. Subject to section 19, the courts at Rahim Yar Khan, Punjab, Pakistan have exclusive jurisdiction.

Before starting formal proceedings, please write to info@ennovaq.com and give us 30 days to try to resolve the issue. We may still seek urgent relief in any competent court to protect our intellectual property or confidential information.

21. Changes to these terms#

We may update these Terms. For material changes, we will notify you by email or in the product at least 30 days before they take effect. If you do not agree, cancel before the change takes effect; continuing to use the Services after that date means you accept the updated Terms. The date at the top shows when the Terms last changed.

22. General#

• Electronic communications. You agree that we may send notices and records electronically, and that electronic records and signatures have the same effect as paper, as recognised by Pakistan's Electronic Transactions Ordinance, 2002.
• Notices. We will send notices to the email address on your account. Send legal notices to info@ennovaq.com or by post to our registered office at Chandia House, Street No. 1 East, Rehman Colony, Khanpur, Rahim Yar Khan, Punjab, Pakistan.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them to a company that takes over all or part of our business, and will tell you if we do.
• Events beyond our control. Neither party is responsible for delays or failures caused by events beyond its reasonable control.
• Severability and waiver. If a court finds part of these Terms unenforceable, the rest still applies. Not enforcing a term straight away does not waive it.
• Sanctions. You may not use the Services where doing so would breach applicable sanctions or export control laws.
• Language. These Terms are written in English, which governs if a translation differs.
• Entire agreement. These Terms, with the documents they refer to, are the entire agreement between you and us about the Services.

23. Contact#

Questions about these Terms? Write to info@ennovaq.com, or call or message us on WhatsApp at +92 304 703 6143.