Standard Contract and Terms of Use

Click this link below to download our standard contract and terms of use.

Supplemental Terms of Use for AI Solution

These Terms of Use ("Terms") govern your access to and use of BitFractal's software, services, and artificial intelligence models, including but not limited to AutoQM Analytics, Speech Analytics, IVA (Intelligent Virtual Agents), Text-to-Speech (TTS), Speech-To-Text (TTS), AI Chat, and Copilots (collectively, the "Service").

By accessing or using the Service, whether through the Microsoft Marketplace or any other platform, you ("Customer" or "You") agree to be bound by these Terms. These Terms supplement and, in case of any conflict, take precedence over any standard marketplace terms for the specific use of the BitFractal Service.

1. Acceptance of Terms
By using the Service, you confirm that you have read, understood, and agree to these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service
BitFractal provides a suite of AI-powered tools designed to analyze customer interactions, automate quality management, convert text to speech and vice-versa, and deploy intelligent virtual agents. The Service processes data you provide ("Input Data") to generate analyses, transcripts, reports, and automated responses ("Output").

3. Acceptable Use Policy
You agree to use the Service in a lawful, ethical, and responsible manner.

Customer Data and Legality: You represent and warrant that you have obtained all necessary rights, permissions, and consents required by applicable laws (including data privacy and wiretapping laws) to provide your Input Data to BitFractal for processing. You are solely responsible for the legality and appropriateness of the Input Data.
Usage Restrictions: You agree not to use the Service to:
- Engage in any illegal, fraudulent, or harmful activities.
- Promote discrimination, harassment, violence, or hate speech.
- Infringe upon the intellectual property or privacy rights of any third party.
- Make solely automated, high-risk, or adverse decisions that have legal or other significant effects on individuals (e.g., termination of employment, denial of critical services) without meaningful human review.
- Misrepresent virtual agents or copilots as humans in a deceptive manner where transparency is legally or ethically required.
- Attempt to decompile, reverse engineer, or otherwise discover the source code, algorithms, or proprietary models of the Service.
Responsibility for Input Data: You acknowledge that the quality and accuracy of the Output generated by the Service are heavily dependent on the quality of your Input Data. BitFractal assumes no responsibility for any inaccuracies, errors, or liabilities arising from deficient, inaccurate, or unlawful Input Data provided by you.

Content requirements
All content released through BitFractal text to speech (TTS) app and associated metadata must be originally created by the user and/or organization, appropriately licensed, used as permitted by the rights holder, or used as otherwise permitted by law. It is your sole responsibility to ensure that you have appropriate rights to all content you input to the text to speech service.
This service must not be used to simulate the voice or image of politicians or government officials, even with their consent.

Your text to speech feature must:
disclose the synthetic nature of voices, images, and/or videos to users such that users are not likely to be deceived or duped—or able to prank others—into believing they are interacting with a real person; and
support a feedback channel that allows users of the service to report issues with the service and ensure that you address reported issues in a reasonable manner.

Your text to speech feature must not be used:
to deceive or intentionally misinform people;
for the purpose of false advertising;
to claim to be from any person, company, government body, or entity without explicit permission to make that representation;
to impersonate any person without explicit permission, including to gain information or privileges;
to enhance the authority or credibility of content in connection with financial, health, legal, political, or spiritual matters;
to create, incite, or disguise hate speech, discrimination, defamation, terrorism, or acts of violence;
in applications that are sexually explicit;
to exploit or manipulate children;
to make unsolicited phone calls, bulk communications, posts, or messages;
to disguise policy positions or political ideologies; or
to disseminate unattributed content or misrepresent sources.

4. Intellectual Property and Data Rights

BitFractal's Intellectual Property: BitFractal and its licensors own all rights, title, and interest in and to the Service, including all associated software, documentation, AI models, algorithms, and know-how. These Terms do not grant you any rights to BitFractal's trademarks or other brand features.
Customer's Intellectual Property: You retain all ownership rights to your Input Data. You also own the specific Output generated by the Service from your Input Data.

5. Use of Customer Name and Logo

Customer grants BitFractal the limited, non-exclusive right to use the Customer's name, logo, and trademarks in BitFractal's marketing and promotional materials, including on the BitFractal website, in customer lists, and in presentations.

Opt-Out: Customer may opt-out of this grant at any time by providing written notice to BitFractal at [marketing@bitfractal.com]. Upon receipt of such notice, BitFractal will remove the Customer's name and logo from its marketing materials in a commercially reasonable timeframe.

6. Confidentiality
Each party agrees to treat the other's Confidential Information with the same degree of care as it uses to protect its own confidential information. "Confidential Information" includes all non-public information, data, and know-how, whether technical or business-related, that is disclosed by one party to the other.

7. Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BITFRACTAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE AI-GENERATED OUTPUT WILL BE 100% ACCURATE.
No Responsibility for Business Decisions: You acknowledge that the Service is a tool to support your business decisions, not to make them. BitFractal is not responsible or liable for any actions, decisions, or outcomes resulting from your use of the Service.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BITFRACTAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL. BITFRACTAL'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CUSTOMER TO BITFRACTAL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Data Processing
The parties agree to comply with all applicable data protection laws, such as the GDPR and LGPD. The processing of any personal data submitted by the Customer will be governed by BitFractal's Data Processing Addendum (DPA), which is hereby incorporated by reference.

9. Term and Termination
These Terms will remain in effect as long as you continue to access or use the Service. BitFractal may terminate or suspend your access to the Service at any time for a material breach of these Terms.

10. General Provisions

Governing Law: These Terms shall be governed by the laws of [Insert Your Jurisdiction, e.g., the State of Delaware, USA or Federative Republic of Brazil].
Changes to Terms: BitFractal reserves the right to modify these Terms at any time. We will provide notice of any material changes. Continued use of the Service after such changes constitutes your acceptance of the new Terms.
Entire Agreement: These Terms, together with any applicable DPA, constitute the entire agreement between you and BitFractal regarding the Service.

Report abuse

If you suspect that BitFractal solutions and technologies are being used in manner that is abusive or illegal or infringes on your rights or the rights of other people, you can report it at the Contact Us page.

The BitFractal Product Terms prohibit customers from using any services, including text to speech, to violate the law. Customers who violate the terms of service will lose access to those services.

Changes to this code of conduct

Customers are responsible for complying with the current code of conduct, which may be updated from time to time. BitFractal will notify customers that have used AI Speech within the previous 6 months of updates by email. If you have not used the AI Speech service for more than 6 months prior to a particular update, then you will not receive a notification.

Standard Contract and Terms of Use

Click this link below to download our standard contract and terms of use.

Supplemental Terms of Use for AI Solution

This service must not be used to simulate the voice or image of politicians or government officials, even with their consent. Your text to speech feature must:

disclose the synthetic nature of voices, images, and/or videos to users such that users are not likely to be deceived or duped—or able to prank others—into believing they are interacting with a real person; and

support a feedback channel that allows users of the service to report issues with the service and ensure that you address reported issues in a reasonable manner. Your text to speech feature must not be used:

to deceive or intentionally misinform people;

for the purpose of false advertising;

to claim to be from any person, company, government body, or entity without explicit permission to make that representation;

to impersonate any person without explicit permission, including to gain information or privileges;

to enhance the authority or credibility of content in connection with financial, health, legal, political, or spiritual matters;

to create, incite, or disguise hate speech, discrimination, defamation, terrorism, or acts of violence;

in applications that are sexually explicit;

to exploit or manipulate children;

to make unsolicited phone calls, bulk communications, posts, or messages;

to disguise policy positions or political ideologies; or

to disseminate unattributed content or misrepresent sources.

​​

This service must not be used to simulate the voice or image of politicians or government officials, even with their consent.

Your text to speech feature must:

support a feedback channel that allows users of the service to report issues with the service and ensure that you address reported issues in a reasonable manner.

Your text to speech feature must not be used: