Terms of Service

Last Updated: April 24, 2025

1. Agreement to Terms

By accessing or using Talk To Scribe (the "Service"), you agree to be bound by these Terms of Service ("Terms"). The Service uses ElevenLabs for conversational AI and Twilio for SMS messaging and call handling. If you do not agree to these Terms, you may not access or use the Service.

We may modify these Terms at any time. Your continued use of the Service after changes constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you meet this eligibility requirement and that your use complies with applicable laws and third-party provider policies, including those of ElevenLabs and Twilio.

3. Accounts

When you create an account, you must provide accurate and complete information. You are responsible for maintaining the security of your account and password. The Service cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all activities that occur under your account, whether or not you authorized them. You must immediately notify us of any unauthorized use of your account.

4. Service Usage

Talk To Scribe provides a voice-to-essay conversion service powered by ElevenLabs' conversational AI, which generates essays based on your voice input, and Twilio, which handles calls and delivers essay links via SMS. We reserve the right to modify, suspend, or discontinue the Service at any time without notice or liability.

Acceptable Use

You agree not to use the Service to:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable.
• Generate content that infringes upon intellectual property rights of others.
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Service or servers or networks connected to the Service, including ElevenLabs' AI systems or Twilio's communication infrastructure.
• Engage in any activity that would constitute academic dishonesty or plagiarism.
• Use the Service for purposes of cheating on exams, tests, or assignments.
• Manipulate identifiers to disguise the origin of any content transmitted through the Service.
• Circumvent any rate-limiting mechanisms, access restrictions, or usage limits imposed by us, ElevenLabs, or Twilio.
• Violate ElevenLabs' policies, including generating content that is excessively violent, sexually explicit, or promotes hate speech.
• Send SMS messages without explicit opt-in consent or engage in practices that violate Twilio's Messaging Policy, such as sending unsolicited messages or evading opt-out requests.

5. Content

You retain ownership of any content you provide during conversations and any resulting essays generated for you. However, you grant us, ElevenLabs, and Twilio a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing and improving the Service, including processing audio through ElevenLabs' AI and transmitting SMS via Twilio.

We do not claim ownership of your content, but we and our third-party providers need these rights to provide and improve the Service. This license continues even if you stop using our Service.

Prohibited Content

You agree not to use the Service to generate or distribute:

• Content that promotes illegal activities.
• Content that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
• Content that is pornographic, sexually explicit, or excessively violent, as defined by ElevenLabs' policies.
• Content related to terrorist activities, including but not limited to instructions or promotion of illegal or regulated bomb-making or weaponry.
• Content that is designed to manipulate or deceive individuals into harmful actions.
• Content that contains private or personal information about other individuals without their express consent.
• Content that constitutes illegal material, including intellectual property that belongs to others.

We, ElevenLabs, or Twilio reserve the right to remove or refuse to generate or transmit any content that violates these policies or their respective terms, and to terminate accounts that repeatedly violate them.

6. SMS Messaging

The Service uses Twilio to send SMS messages containing links to your generated essays. By opting in to receive SMS messages, you agree to comply with Twilio's Messaging Policy and applicable laws, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines.

Opt-In Consent

SMS messages will only be sent with your explicit opt-in consent, provided by entering your phone number in our account signup form or by verbally stating your assent to the conversational AI on our designated recorded phone line when asked by it if you consent to receive text messages. Consent is limited to receiving essay links and service-related updates.

Opt-Out Mechanism

You may opt out of SMS messaging at any time by replying with "STOP," "STOPALL," "UNSUBSCRIBE," "CANCEL," "END," or "QUIT." We will send one final message to confirm your opt-out, and no further messages will be sent unless you opt in again.

Message Content and Frequency

SMS messages will primarily contain links to your generated essays and may include service-related updates. Message frequency depends on your usage, typically one message per essay. We do not engage in practices like "snowshoeing" or sending messages designed to evade detection.

7. Subscriptions and Payments

Subscription fees are charged in advance on a monthly or annual basis. When you purchase a subscription, you authorize us to charge your payment method for the subscription fee at the then-current rate, which may change from time to time.

To cancel your subscription, use the cancellation feature in your account settings. Cancellations take effect at the end of your current billing period. We do not provide refunds or credits for partial subscription periods.

Free trial offers are available to new users only, unless otherwise specified. Only one free trial is permitted per user.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT. THIS INCLUDES SERVICES PROVIDED BY ELEVENLABS AND TWILIO.

IN NO EVENT SHALL TALK TO SCRIBE, ELEVENLABS, TWILIO, OR THEIR AFFILIATES BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SERVICE OR THE USE OR OTHER DEALINGS IN THE SERVICE.

We do not guarantee that:

• The Service will meet your specific requirements.
• The Service will be uninterrupted, timely, secure, or error-free, including real-time audio processing or SMS delivery.
• The results that may be obtained from the use of the Service will be accurate or reliable.
• The quality of any essays, information, or other material obtained through the Service will meet your expectations.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TALK TO SCRIBE, ELEVENLABS, TWILIO, THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

THE TOTAL LIABILITY OF TALK TO SCRIBE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO TALK TO SCRIBE DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify and hold harmless Talk To Scribe, ElevenLabs, Twilio, and their officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses arising from: (a) your use of the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms or the policies of ElevenLabs or Twilio.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may discontinue using the Service or delete your account through your account settings.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions.

13. Contact Information

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

Talk To Scribe
Email: legal@talktoscribe.com
Address: 202 S 1st St. Colwich, KS 67030