Terms & Conditions -  HiHi Studio

  1. Introduction 

These Terms and Conditions ("T&Cs") govern your access to and use of HiHi Studio ("the Software"), a product developed and owned by GoBig Online Ltd. These T&Cs apply to all users of the Software, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content. 

 

By accessing or using any part of the Software, you agree to be bound by these T&Cs. If you do not agree to all the terms and conditions of this agreement, then you may not access the Software or use any services provided by HiHi Studio. 

 

Please read these T&Cs carefully before accessing or using our Software. By accessing or using any part of the Software, you agree to be bound by these T&Cs. If you do not agree to all the terms and conditions of this agreement, then you may not access the Software or use any services. 

 

These T&Cs include important legal information regarding your use of the Software, including disclaimers of warranties, limitations of liability, and other critical information. We recommend that you review these T&Cs regularly as they may be updated or changed at any time without prior notice. 

 

  1. Company Information 

HiHi Studio ("the Software") is a product owned and operated by GoBig Online Ltd, a company registered in the United Kingdom under company number 14730508 Our registered office is located at Gobig Online Ltd, Second Floor, Unit 4 East Horton Business Park, Knowle Lane, Fair Oak, Eastleigh, SO50 7DZ 

For any questions, concerns, or inquiries about these T&Cs or the Software, you can contact us at: 

GoBig Online Ltd is responsible for the operation and management of HiHi Studio, including compliance with applicable laws and regulations in the United Kingdom. 

 

  1. Use of the Software 

3.1. Eligibility to Use the Software 

To access or use the Software, you must be at least 18 years old or the legal age of majority in your jurisdiction. By using the Software, you represent and warrant that you meet this eligibility requirement. If you are using the Software on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these T&Cs. 

 

3.2. Permitted Use 

You agree to use the Software solely for lawful purposes and in accordance with these T&Cs. You are responsible for ensuring that your use of the Software complies with all applicable laws, regulations, and industry standards. You must not use the Software in any way that could harm our reputation or interfere with the operation or security of the Software. 

 

3.3. Prohibited Uses 

You agree not to use the Software in any of the following prohibited manners: 

 

Illegal Activities: Engaging in any activity that violates any applicable local, national, or international law or regulation. 

Fraudulent Activities: Using the Software for any fraudulent or deceitful purposes, including but not limited to impersonation of another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. 

Malware: Transmitting or distributing viruses, malware, or any other harmful software that could harm or interfere with the operation of the Software or any third party's systems. 

Hate Speech and Offensive Content: Uploading, posting, transmitting, or otherwise making available any content that is illegal, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. 

Intellectual Property Infringement: Engaging in any activity that infringes upon or violates the intellectual property rights of others, including but not limited to copyrights, trademarks, patents, trade secrets, or other proprietary rights. 

Automated Access: Using any automated system, including but not limited to "robots," "spiders," or "offline readers," to access the Software in a manner that sends more request messages to the HiHi Studio servers than a human can reasonably produce in the same period by using a conventional online web browser. 

Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Software, or any other systems or networks connected to the Software, by hacking, password mining, or any other illegitimate means. 

Prohibited Content Creation: Generating or using text-to-speech content that violates applicable laws, including but not limited to content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable. 

 

3.4. User-Generated Content 

If the Software allows you to generate content (e.g., text-to-speech outputs), you are solely responsible for ensuring that any content you create or distribute complies with these T&Cs and all applicable laws and regulations. You acknowledge that GoBig Online Ltd does not monitor or control the content generated by users and, as such, is not responsible for any such content. However, GoBig Online Ltd reserves the right to remove any content that violates these T&Cs or is otherwise objectionable at its sole discretion. 

 

3.5. Termination for Violations 

GoBig Online Ltd reserves the right to suspend or terminate your access to the Software at any time, without prior notice, for any reason, including but not limited to your violation of these T&Cs. Any suspected illegal, fraudulent, or abusive activity may be referred to law enforcement authorities. 

 

  1. Payment Terms 

 

4.1. Payment Processing
All payments for access to and use of HiHi Studio are processed securely through Stripe, a third-party payment processor. By making a payment through Stripe, you agree to comply with Stripe’s terms and conditions. GoBig Online Ltd does not store your payment information; it is securely handled by Stripe. 

 

4.2. Subscription and Billing
If HiHi Studio operates on a subscription model, the following applies: 

4.3. Refund Policy 

 

4.4. Taxes
You are responsible for any applicable taxes, including VAT, related to your use of the Software. Taxes will be calculated based on the billing information you provide at the time of purchase. 

 

4.5. Payment Disputes
If you believe there has been an error in billing or have any questions regarding a charge, please contact us immediately at support@gotalk.ai. GoBig Online Ltd will review the issue and, if necessary, take appropriate action. 

 

4.6. Termination of Access for Non-Payment
If you fail to make any payments due under these T&Cs, GoBig Online Ltd reserves the right to suspend or terminate your access to the Software until the outstanding balance is paid in full. Continued non-payment may result in the permanent termination of your account. 

 

  1. 5. User Obligations 

 

5.1. Lawful Use
You agree to use the Software solely for lawful purposes. You are prohibited from using the Software in any manner that is illegal, harmful, or infringes on the rights of others. You are also responsible for ensuring that your use of the Software does not violate any applicable laws or regulations. 

 

5.2. Prohibited Conduct
In addition to the specific prohibitions listed, the following activities are expressly prohibited: 

 

5.3. Content Responsibility
You are solely responsible for any content you generate, share, or distribute using the Software. This includes ensuring that your content complies with all applicable laws and does not infringe on the rights of others. GoBig Online Ltd reserves the right to remove or disable access to any content that violates these T&Cs or is deemed inappropriate at its sole discretion. 

 

5.4. Account Security
If you are required to create an account to use the Software, you are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify GoBig Online Ltd immediately of any unauthorized use of your account or any other breach of security. GoBig Online Ltd will not be liable for any loss or damage arising from your failure to comply with this obligation. 

 

5.5. Compliance with Applicable Laws
You agree to comply with all applicable local, national, and international laws and regulations in your use of the Software. This includes, but is not limited to, laws relating to data privacy, intellectual property, and the transmission of technical data. 

 

5.6. Monitoring and Enforcement
GoBig Online Ltd reserves the right, but is not obligated, to monitor your use of the Software to ensure compliance with these T&Cs. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Software. We may also terminate or suspend your access to all or part of the Software for any violation of these T&Cs. 

 

  1. Dispute Resolution 

 

6.1. Initial Resolution
In the event of any disputes, issues, or concerns arising from your use of the Software, GoBig Online Ltd is committed to resolving the matter in a fair and efficient manner. We encourage you to first contact our support team at support@gotalk.ai to attempt to resolve any issues informally. Our support team will review your concerns and provide a response within a reasonable timeframe. 

6.2. Mediation
If the issue cannot be resolved informally, you may request mediation as a next step. Mediation is a voluntary process in which a neutral third party helps facilitate a resolution between the parties. Both parties must agree to participate in mediation, and the process will be conducted in accordance with the rules and procedures of the appointed mediation service. The costs of mediation will be shared equally between the parties unless otherwise agreed. 

6.3. Binding Arbitration
If mediation is unsuccessful or not pursued, any dispute, controversy, or claim arising out of or relating to these T&Cs or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in accordance with the laws of the United Kingdom. Arbitration shall be conducted by a single arbitrator appointed in accordance with the Arbitration Act 1996, or any statutory modification or re-enactment thereof. The arbitration proceedings shall be held in Southampton, United Kingdom, and the language of the arbitration shall be English. 

6.4. Exclusions from Arbitration
Notwithstanding the foregoing, GoBig Online Ltd reserves the right to pursue legal action in a court of competent jurisdiction to seek injunctive relief or other equitable remedies where appropriate to protect our intellectual property rights or in cases where arbitration is not available or enforceable. 

6.5. Governing Law
These T&Cs and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the United Kingdom. 

6.6. Jurisdiction
The courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&Cs or their subject matter or formation (including non-contractual disputes or claims). 

6.7. Class Action Waiver
To the fullest extent permitted by applicable law, you agree that any and all disputes, claims, and causes of action against GoBig Online Ltd arising out of or connected with the Software or these T&Cs will be resolved individually, without resort to any form of class action. 

6.8. Limitation Period
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these T&Cs must be filed within one (1) year after such claim or cause of action arose, or be forever barred. 

  1. Limitation of Liability 

7.1. No Warranty
The Software is provided on an "as is" and "as available" basis. GoBig Online Ltd makes no representations or warranties of any kind, express or implied, as to the operation of the Software or the information, content, materials, or products included therein. To the fullest extent permissible by applicable law, GoBig Online Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, and those arising by statute or from a course of dealing, usage, or trade practice. GoBig Online Ltd does not warrant that the Software will be uninterrupted, error-free, or free from viruses or other harmful components. 

7.2. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall GoBig Online Ltd, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: 

7.3. Cap on Liability
In no event shall GoBig Online Ltd's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Software during the twelve (12) months preceding the date of the claim or one hundred British pounds (£100), whichever is greater. 

7.4. Indemnification
You agree to defend, indemnify, and hold harmless GoBig Online Ltd and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: 

7.5. Limitation of Actions
You agree that any claim or cause of action arising out of or related to the use of the Software or these T&Cs must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

7.6. No Liability for User-Generated Content
GoBig Online Ltd takes no responsibility and assumes no liability for any user-generated content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is GoBig Online Ltd liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. 

7.7. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, GoBig Online Ltd's liability shall be limited to the fullest extent permitted by law. 

  1. Privacy Policy 

8.1. Privacy Policy Overview
Your privacy is important to us. We are committed to protecting the privacy of our users and customers. Our Privacy Policy outlines how we collect, use, and protect your personal data when you use the Software. By using the Software, you consent to the collection and use of your data in accordance with our Privacy Policy. 

8.2. Link to Privacy Policy
For detailed information on how we collect, use, disclose, and safeguard your personal information, please refer to our full Privacy Policy, available at [Insert Link to Privacy Policy]. We encourage you to review the Privacy Policy regularly to stay informed about our data practices. 

8.3. User Consent
By accessing and using the Software, you agree to be bound by the terms of our Privacy Policy. If you do not agree with the terms of the Privacy Policy, you should not use the Software. 

8.4. Changes to the Privacy Policy
We reserve the right to update or modify our Privacy Policy at any time. Any changes to the Privacy Policy will be posted on our website, and your continued use of the Software after such changes will constitute your acceptance of the updated policy. 

  1. Changes to Terms and Conditions 

9.1. Right to Modify
GoBig Online Ltd reserves the right, at its sole discretion, to update, modify, or replace these Terms and Conditions at any time. Any changes to the T&Cs will be effective immediately upon posting the updated version on our website unless otherwise specified. It is your responsibility to review these T&Cs periodically to stay informed of any changes. 

9.2. Notification of Changes
While we may choose to provide notice of material changes to the T&Cs via email or by prominently posting a notice on our website, it is not required. Your continued use of the Software following the posting of any changes constitutes your acceptance of those changes. If you do not agree to the new or modified T&Cs, you must stop using the Software immediately. 

9.3. Material Changes
In the event of any material changes to these T&Cs, GoBig Online Ltd may provide a more prominent notice, such as by email notification or an in-app alert. "Material changes" are those that may affect your rights or obligations under the T&Cs. 

9.4. Version History
We may maintain a version history of these T&Cs, which will be accessible on our website, so you can see how the terms have evolved over time. 

9.5. User Acknowledgment
By continuing to use the Software after any modifications or updates to these T&Cs, you acknowledge and agree to be bound by the revised terms. If you do not agree to any changes, you should discontinue your use of the Software immediately.