Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Clone U Studios, LLC ("Clone U," "we," "us," or "our"), a California limited liability company based in Oakland, California.

By accessing our website, booking a session, or using any Clone U service, you agree to be bound by these Terms. If you do not agree, do not use our services.

2. Description of Services

Clone U Studios provides professional memory preservation services, including:

• Voice Preservation: Recording and AI-powered voice cloning using ElevenLabs technology to create a digital voice replica of your designated session subject.
• Avatar Creation: AI-generated digital avatars using HeyGen technology, created from photographs and video captured during sessions.
• Story Preservation: Recording, transcription, and archival of personal narratives, memories, and stories shared during sessions.
• Memory Capsule: A private, secure family portal containing voice clones, avatars, stories, photographs, and interactive features, accessible for the duration specified by your package tier.

3. User Accounts

To access your Memory Capsule and manage your services, you will receive a user account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized use at hello@cloneustudios.com

You must be at least 18 years of age to create an account. If you are booking on behalf of a minor, you must be the parent or legal guardian and provide verifiable parental consent.

4. Payment Terms

4.1 Pricing and Deposits

Service pricing is determined by your selected package tier (Essential, Signature, or Legacy) and any add-ons. All prices are displayed in U.S. dollars and are subject to applicable taxes.

• Deposit: A non-refundable deposit is required at the time of booking to secure your session date. The deposit amount varies by package tier.
• Balance: The remaining balance is due prior to capsule delivery. You will receive an invoice via email with payment instructions.

4.2 Payment Processing

All payments are processed securely through Stripe, Inc. Clone U does not store credit card numbers on our servers. By providing payment information, you authorize Stripe to charge the applicable fees to your payment method.

4.3 Add-Ons

Additional services (extra story slots, extended portal access, printed memory books, etc.) may be purchased at any time before or after your session at the current listed price.

5. Content Ownership and License

5.1 Your Content

You retain full ownership of all content you provide or that is created during your session, including voice recordings, photographs, video, stories, and any other personal material ("Your Content").

5.2 License to Clone U

By using our services, you grant Clone U Studios a limited, non-exclusive, non-transferable license to:

• Process Your Content through our AI tools and service providers (ElevenLabs, HeyGen) for the sole purpose of creating your Memory Capsule deliverables
• Store Your Content on our infrastructure for the duration of your portal access period
• Create backup copies for disaster recovery purposes

This license terminates when your account is closed and all data is deleted per our retention schedule. We will never use Your Content for marketing, training AI models, or any purpose other than delivering your purchased services without separate explicit written consent.

6. Acceptable Use

You agree not to use Clone U services to:

• Create voice clones or avatars of any person without their knowledge and informed consent
• Impersonate another person for fraudulent, deceptive, or harmful purposes
• Generate content that is illegal, defamatory, threatening, or harassing
• Violate any applicable law or regulation
• Attempt to reverse-engineer, extract, or redistribute our AI models or processing technology
• Share account credentials or capsule access with unauthorized individuals
• Use our services for any commercial purpose without prior written agreement

Violation of these terms may result in immediate account termination without refund.

7. Delivery Timelines

Delivery timelines vary by package tier:

• Essential: 7 to 10 business days after session completion
• Signature: 10 to 14 business days after session completion
• Legacy: 14 to 21 business days after session completion

These timelines are estimates. Clone U will notify you if your delivery will be delayed beyond the estimated window. Delays do not entitle you to a refund unless the delay exceeds 60 days from the estimated delivery date.

8. Cancellation and Refund Policy

8.1 Before Your Session

• More than 7 days before: Full refund minus the non-refundable deposit.
• Within 7 days: The deposit is forfeited. You may reschedule once at no additional charge.
• No-show: The full deposit is forfeited. A rebooking fee may apply.

8.2 After Your Session

Once your session has been completed, refunds are not available because production of your Memory Capsule begins immediately. If you are unsatisfied with any deliverable, we will work with you to make reasonable corrections at no extra cost.

8.3 Account Cancellation

9. Limitation of Liability

To the maximum extent permitted by law:

• Clone U Studios' total liability for any claim arising from or related to these Terms or our services shall not exceed the total amount you paid to Clone U in the 12 months preceding the claim.
• Clone U shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or emotional distress.
• Clone U does not guarantee that AI-generated voice clones or avatars will perfectly replicate any individual's voice, appearance, or mannerisms.
• Clone U is not responsible for any emotional impact resulting from the use of voice clones, avatars, or preserved stories.

Some jurisdictions do not allow the exclusion of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Clone U Studios, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third party's rights, including the right of any person whose voice or likeness is captured without proper consent

11. Dispute Resolution

11.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at hello@cloneustudios.com and attempt to resolve the dispute informally within 60 days.

11.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or your use of our services shall be resolved through binding arbitration administered by JAMS in Alameda County, California, under JAMS' Streamlined Arbitration Rules. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

11.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration against Clone U Studios.

11.4 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Send you an email notice at least 30 days before the changes take effect
• Post the updated Terms on our website with a new effective date
• Clearly indicate what has changed

Your continued use of our services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may cancel your account.

13. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Biometric Data Policy, constitute the entire agreement between you and Clone U Studios.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor entity in connection with a merger, acquisition, or sale of assets.

14. Contact Us