Last Updated: Dec. 12, 2025
You agree that by signing up, logging in, accessing or using the Windears app or service (the "Service"), you are agreeing to enter a legal contract with OfSpectrum Inc. dba Windears (referred to herein as "OfSpectrum," "Windears," "we," "us," or "our") even if you are using our Services as a company. If you do not agree to these terms of service, do not access or use our services in any way. You can terminate this User Agreement at any time by closing your account and no longer accessing or using our Services. The collection, use and sharing policy of your personal data is subject to our Privacy Policy.
This Terms of Service applies to our Site (windears.com), Windears-branded apps, Google Slides add-on, watermarking, voice protection services, and other related offerings.
We can modify and update this Terms of Service (and Privacy Policy), and if we make material changes to it, we will provide you with the opportunity to review the changes before they become effective. If you object to any changes, you may close your account or stop using our Products and Services.
You acknowledge that your continued use of our Products and Services after we publish or send a notice about the update of our Terms of Service means that you agree to the updated Terms of Service and Privacy Policy as of their effective date.
To use our Service, you agree that:
2.1.1 you must reach the legal age of MAJORITY;
2.1.2 you will only have one Windears account, which must be in your real information;
2.1.3 you are not already restricted by Windears from using the Services;
2.1.4 creating an account with false information, other's information, or creating multiple/duplicate accounts is a violation of this Terms of Service, including accounts made available to others or persons under the Minimum Age.
When creating and managing your account, you agree to:
2.2.1 provide accurate information to us and keep it updated;
2.2.2 use a strong password and keep it confidential;
2.2.3 use your own email address and not include any inappropriate information in your username;
2.2.4 not share any part of your account with others. Your account should only be used by you;
2.2.5 take full responsibility for all activities under your account;
2.2.6 not transfer any part of your account to others. You are responsible for the safety of your account, unless you close your account. Please report to us immediately about the misuse of your account through support@windears.com.
Please note that, as between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. enterprise accounts), the party paying for such Service has the right to control access to and get reports on your use of such paid Service.
If you buy any of our paid Services, including but not limited to watermarking, subscription, advertisement, API usage, and any other Services we provide, you agree to pay us all required fees and taxes. Failure to pay these fees will result in the termination of the related Services.
3.1.1 Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. Exchange rates, tax rates).
3.1.2 Our payment processor may store and continue billing your payment method (e.g. Credit card).
3.1.3 If you purchase a Subscription, your payment method will automatically be charged at the start of each Subscription period for the fees and taxes applicable to that period. To avoid future charges, you can cancel anytime before the renewal date.
3.1.4 We will charge you for the additional services you used (e.g. API usage).
3.1.5 You can select a preferred payment method or change to another payment method in your account information, which may be located on a third party website. Any attempt to use the account to obtain illegal benefits or to change the balance of the account by illegal means is a violation of the Terms of Service and we reserve the right to use the law to resolve this behavior.
3.1.6 We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
3.1.7 By using certain promotion codes we provide, you may have access to our Service without actual transactions. Even if no transaction occurs, you are treated as using our paid Services and you should adhere to any related requirements and obligations.
Late payments may lead to inability to use our Services. We are not responsible for any loss caused by inability to use our Services.
We may change our subscription plans and the price of our Services from time to time.
3.3.1 Any changes to our subscription plans and other Services will apply only after 30 days notice to you. Not ending the subscription after the notice period will be treated as agreeing to the change and we will charge you with the new plans or prices.
3.3.2 We will state the expiration date of any promotions on our website, but the end of the promotion does not count as a price change, and we may not notice you in advance.
You agree that:
3.4.1 payment obligations are non-cancellable and fees paid are non-refundable unless otherwise provided in this section;
3.4.2 if you choose to cancel your subscription during a subscription period, you may use the subscription until the end of your then-current subscription period or renewal period, but will not be issued a refund for the most recently charged fees;
3.4.3 if you use the promotion code to access our Service, the part covered by the promotion code is not refundable.
3.5.1 Payment Processor. Payments for content sales are processed by our third-party payment processor, Stripe. Payout processing services for Creators are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, you (the Creator) agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
3.5.2 Information Mandate. As a condition of receiving payouts, you must provide Stripe, through the Windears platform (e.g., on the Payout page), with accurate and complete information, including your legal name, address, and Taxpayer Identification Number (TIN), which may be your Social Security Number (SSN) or Employer Identification Number (EIN), as required by law for identity verification and tax reporting.
3.5.3 Tax Reporting Responsibility. You acknowledge that Stripe is solely responsible for fulfilling all legally required U.S. Federal and state tax information reporting obligations, including the issuance of IRS Form 1099-K to you, where applicable, based on your payment activity thresholds (e.g., the current federal and/or state reporting thresholds, such as the $3,000 threshold displayed on the Payout page).
3.5.4 Non-Compliance. You understand that if you fail to provide the required tax information, Stripe may suspend or terminate your payout account and withhold funds. Windears will not be liable for any delays or suspension of payouts resulting from your failure to comply with Stripe's requirements.
4.1.1 We may change, suspend or discontinue our Services. However, this will not affect any ongoing subscriptions and we will continue to provide the same level of service till the end of your subscription period.
4.1.2 We do not promise to store or keep showing Content that you've provided. Windears is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of Content, or any Service history, except to the extent required by applicable law and our Privacy Policy.
4.1.3 We are not responsible for any disputes or losses arising from the inability to use our Services.
Windears reserves the right to restrict, suspend, or terminate your account if you break this Terms of Service, or you have any misuse of our Services.
You retain ownership of the content and information you submit or upload to the Services ("Your Content"). However, you grant Windears and its affiliates a worldwide, non-exclusive, royalty-free, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process Your Content and the information embedded within it, without any further consent, notice, and/or compensation to you or others. This license is limited to the purposes of (a) providing and operating the Service, (b) improving our Service (including the models used for watermarking and voice protection, unless explicitly restricted elsewhere), and (c) analyzing and developing new services.
Windears reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. You retain all of your ownership rights in Your Content (the original input files you upload). By uploading Your Content, you confirm that you have all necessary rights to grant us the license in the section above. Notwithstanding the foregoing, Windears reserves all of its intellectual property rights in the Service, the underlying technology, and the algorithms used to create the audio synthesized by our model and the output of all our models.
We treat Content submitted in accordance with this Terms of Service ("Your Information") as confidential. We will use Your Information only for providing the Services or other reasonable use specified in Privacy Policy, and will not disclose Your Information to anyone other than our personnel, service providers or affiliates who need to access Your Information and who are required to protect the confidentiality of Your Information. Confidentiality obligations will, however, not apply to Your Information:
5.1.1 that is known to us prior to receiving from you, or is obtained from a source other than one having an obligation of confidentiality to you;
5.1.2 that has become known (independent of disclosure by you) to us from a source other than one having an obligation of confidentiality to you;
5.1.3 that has become publicly known or otherwise ceases to be secret or confidential, except through a breach of this section by us, including if you designate Your Information as "public" or post such Content in a public area of the Site.
For the fake voice discriminator service, you could upload an audio file, and our service could tell you whether it was recorded by a real person or generated by AI. Please note that:
5.2.1 you are required to upload audio with certain types of files and limited size as shown on our website;
5.2.2 the results we provided are solely for informational purposes and do not hold legal validity;
5.2.3 we encourage you to report incorrect results to us, but you need to provide proper incorrect reasons. Knowingly providing fake information for incorrect reasons is strictly prohibited;
5.2.4 Windears personnel, service providers and affiliates may listen to your audio uploaded if you report incorrect results;
5.2.5 we are not responsible for any disputes or losses caused by incorrect results.
For the Anti-AI Encryption service, you could upload an audio file, and our service will provide you with audio that is more difficult for other AI models to replicate. Please note that:
5.3.1 you are required to upload an audio with certain types of files and limited size as shown on our website;
5.3.2 you should only upload the audio that the copyright belongs to you
5.3.3 we reserve the intellectual property of the audio output of our model
5.3.4 we do not guarantee the effect of our Anti-AI Encryption model, and the result we provide may not be effective on all AI models;
5.3.5 we are not responsible for any disputes or losses caused by using our model output;
5.3.6 we encourage you to report poor-performance output through online feedback form or through support@windears.com;
5.3.7 Windears personnel, service providers and affiliates may listen to your audio uploaded if you report poor-performance results.
For the inaudible watermark service, you will experience a list of features, including (1) uploading an audio/image file, and our service will provide you the audio/image with inaudible/invisible watermark embedded (2) editing the information embedded in the audio/image and the related payment and security information (3) uploading an audio/image file, and our service will provide you the information embedded in the audio/image (4) other related non-specified features. Please note that:
5.4.1 you are required to upload an audio/image file with certain types of files and limited size as shown on our website;
5.4.2 you should only upload the audio/image that the copyright belongs to you
5.4.3 you should ensure that all the information embedded in the watermark belongs to you; we are not responsible for any disputes related to copyright issues caused by your own behavior
5.4.4 we reserve the intellectual property of the audio/image output of our model
5.4.5 we are not responsible for any disputes or losses caused by using our model output;
5.4.6 we encourage you to report poor-performance output through online feedback form or through support@windears.com;
5.4.7 Windears personnel, service providers and affiliates may listen to your audio/view your image uploaded if you report poor-performance results.
5.4.8 you should take care of the credentials and keys you set; we are not responsible for any disputes or losses caused by credential/keys leakage not caused by us
5.5.1 Creator Status. By offering content for purchase via the Service's embedding and decoding features, you operate as a Creator (Seller) and appoint Windears as your limited agent for the sole purpose of enabling the transaction through our third-party payment processor.
5.5.2 Fan Transaction. Fans purchasing your embedded content are entering into a transaction with you (the Creator). Windears is not a party to the sale agreement between the fans and the Creator.
5.5.3 Platform Fee. You agree that Windears is entitled to deduct a service fee (the "Platform Fee") from the gross transaction amount before payout is processed to you. The Platform Fee structure is based on your subscription tiers and is detailed on our pricing page, which may be updated from time to time.
5.5.4 Dispute and Refund Responsibility.
5.5.5 Payout Adjustments. Notwithstanding Clause 5.5.4, you authorize Windears and/or Stripe to reverse, deduct, or withhold funds from your future payouts in the event of any chargeback, refund, reversal, or payment dispute initiated by a Fan through their bank or payment network related to your content sales.
You agree that you will not upload, embed, or attempt to embed any content, data, or information into any audio/image file via the Service (the "Prohibited Content") that:
6.1.1 Is illegal or criminal: contains or promotes illegal acts, violence, terrorism, hate speech, or content that violates any applicable law, statute, ordinance, or regulation.
6.1.2 Child Sexual Abuse Material (CSAM): contains or depicts child pornography or child sexual abuse material, regardless of any disclaimers. We report all instances of CSAM to the appropriate law enforcement authorities.
6.1.3 Infringes intellectual property: violates or infringes upon the copyright, trademark, privacy, publicity, or other intellectual property or proprietary rights of any third party.
6.1.4 Defamatory or offensive: is defamatory, libelous, harassing, threatening, abusive, racially or ethnically offensive, or promotes discrimination.
6.1.5 Malicious code: contains malware, viruses, worms, Trojan horses, or any other code or program designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
In using the Service, you agree that you will not:
6.2.1 Misuse the system: use the Service for any purpose that is illegal or prohibited by these Terms, including but not limited to attempts to circumvent security measures, disrupt the Service, or transmit unsolicited commercial messages ("spam").
6.2.2 Impersonation: impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
6.2.3 Misrepresentation: falsify or delete any copyright management information, such as watermarks, author attributions, legal notices, or proprietary designations embedded in or associated with the Service or your uploaded content.
6.3.1 Right to monitor and remove: Windears reserves the right, but not the obligation, to review, monitor, or remove any content uploaded or embedded by you that it determines, in its sole discretion, violates these Terms, is otherwise objectionable, or may expose Windears or its users to liability.
6.3.2 Termination: Windears may, at its sole discretion, suspend or terminate your account and access to the Service immediately if you violate any part of these Terms, including the content restrictions set forth in this section.
6.3.3 No liability: Windears will not be liable to you or any third party for suspension or termination of your access to the Service or removal of your content, even if such content is later determined not to have violated these Terms.
"Commercial rights" means any use of Windears created results (text, audios, images) for commercial or business purposes, except as restricted by this User Agreement.
7.1.1 You are allowed to use the Windears created results for commercial purposes;
7.1.2 You agree that Commercial Rights are not resell rights and you cannot resell or offer to resell Windears's Offerings to any third-party
7.1.3 You agree not to use Windears created results for training any AI model or to synthesize Windears created voices/images in any way or for any purpose.
You agree not to use the Service its content, Website content, or any output from the Service for any of the following purposes:
7.2.1 AI Training. Using the Service or any of its content, data, or output to train, test, or otherwise develop any artificial intelligence, machine learning, or similar technology, including but not limited to large language models. This prohibition applies whether the AI model is proprietary or open source.
7.2.2 Inverse engineering. Reverse engineering, decompiling, disassembling, or other attempting to discover the source code, algorithms, or underlying components of the Service or any of its constituent parts.
7.2.3 Data harvesting. Using any robot, spider, scraper, or other automated means to access, copy, or collect data, content, or output from the Service for any purpose, including for the purpose of creating a database or for use with any other service.
7.2.4 Misrepresentation. Impersonating another person or entity, or otherwise misrepresenting your affiliation with a person or entity.
7.2.5 Illegal activities. Using the service for any illegal purpose or in violation of any local, state, national, or international law.
Any unauthorized use of the Service or its content is a violation of this Terms of Service and may result in the termination of your account and legal action.
Windears may include or provide access to third party data, information and content, or links to other websites, including from other users. We do not control, endorse, or adopt any third party content and make no representation or warranties of any kind regarding third party content. When you use a link to go from our Site to another website, our Terms of Service and any other agreements do not apply to third-party websites or services. Your browsing and interaction on any third-party website or service that has a link or advertisement on our Site is subject to that third party's own policies. You agree that we are not responsible in any manner for third party content and we undertake no responsibility to update or review third party content.
You grant Windears the right to identify yourself or your organization as Windears' customer on the Site and our marketing collateral, and to include you or your organization's use of the services in our case studies.
We cannot guarantee our Site or Services will be available at all times. We may experience hardware, software, or other problems and we may also need to perform maintenance related to our Services which may result in interruptions, delays or errors. We may also need to modify, suspend or stop offering our Services in such situations without notifying you. We may notify you in advance of planned maintenance, but we may fail to notify you of unexpected attacks or problems.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Site or Services during any downtime or discontinuance of the Site or Services. Nothing in this User Agreement will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection with our Services.
Any results we provide in voice protection services are solely for informational purposes and do not hold legal validity. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by incorrect or poor-performance results.
To the full extent permitted by law, Windears, Windears personnel or Windears affiliates, will not be liable for any lost profits or lost business opportunities, reputation, loss of data, dispute between Creators and Fans, including unresolved claims for refunds or chargebacks, or third-party policies or any indirect, incidental, consequential, special or punitive damages. We recommend that you do not rely solely on our Services for critical decisions.
Windears and its affiliates will not be liable to you in connection with this User Agreement for any amount that exceeds the total fees paid by you to Windears for the services during the term of this User Agreement, if any.
The limitations of liability in this Section 8 are part of the basis of the bargain between you and Windears and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Windears or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
There limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, to the extent that such liability directly arose from Windears' actions.
You agree to indemnify, defend, and hold harmless Windears, and its affiliates, officers, directors, agents, partners, and employees from and against any claim, demand, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms of Service or any law or regulation; (c) Your Content, including any claim that Your Content infringes or violates any third party's rights (including intellectual property or privacy rights); or (d) your negligent or willful misconduct.
Both you and Windears may terminate this User Agreement at any time. On termination, you lose the right to access or use the Services. The following shall survive termination:
Except to the extent they are preempted by United States federal law, the laws of Delaware, other than its conflict-of-laws principles, govern this User Agreement and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to this User Agreement or their subject matter.
Both you and Windears agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to this User Agreement or the use of the Site or the Services will be litigated exclusively in federal and state courts in the state of Delaware, United States of America. Both parties agree to mediation before pursuing legal action. You and Windears consent to the personal jurisdiction of courts in the state of Delaware, United States of America.
12.1 If a court with authority over this User Agreement finds any part of it unenforceable, you and Windears agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and Windears agree to ask the court to remove that unenforceable part and enforce the rest of this User Agreement.
12.2 If any provision of this User Agreement is found to be unenforceable, the remaining provisions shall remain in effect.
12.3 This User Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
12.4 If we don't act to enforce a breach of this User Agreement, that does not mean that Windears has waived its right to enforce this User Agreement.
12.5 You may not assign or transfer this User Agreement (or your membership or use of Services) to anyone. There are no third-party beneficiaries to this User Agreement.
12.6 You agree that the only way to provide us legal notice is at the address provided in Section 14.
13.1.1 You agree to comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws for any use of the Services or the Site.
13.1.2 You are encouraged to report any violations of the User Agreement you encountered.
You agree that you will not:
13.2.1 Create a false identity on Windears, misrepresent your identity, create an account with third-party identity, using fake information on your profile, or create a profile for anyone other than yourself (a real person), or use or attempt to use another's account;
13.2.2 Develop, support or use software, devices, scrips, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or the Site or otherwise copy profiles and other data from the Services or the Site;
13.2.3 Override any security feature or bypass or circumvent any access controls or use limits of the Service or the Site;
13.2.4 Copy, use, disclose or distribute any unauthorized information obtained from the Services or the Site, whether directly or through third parties (such as search engines);
13.2.5 Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);
13.2.6 Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
13.2.7 Violate the intellectual property or other rights of Windears, including, without limitation, (i) copying or distributing our technology; (ii) using the word "Windears" or our logos in any business name, email, or URL without our express consent in writing;
13.2.8 Post anything to the Services or the Site that contains software viruses, worms, or any other harmful code;
13.2.9 Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or the Site;
13.2.10 Use bots or other automated methods to access the Services or the Site;
13.2.11 Stalk, threaten, impersonate, dox, harass or defraud anyone through use of the Services or the Site;
13.2.12 Create, upload or transmit material through the Services or the Site that violates Section 6 (Prohibited Content and Conduct) or is otherwise inappropriate;
13.2.13 Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes through the Services or the Site;
13.2.14 Harvest, collect or disclose information about other users through the Services or the Site without their consent;
13.2.15 Monitor the availability, performance or functionality of the Services or the Site for any competitive purpose;
13.2.16 Engage in "graming", "mirroring", or otherwise simulating the appearance or function of the Services or the Site;
13.2.17 Overlay or otherwise modify the Services/Site or their appearance (such as by inserting elements into the Services/Site or removing, covering, or obscuring an advertisement included on the Services);
13.2.18 Interfere with the operation of, or place an unreasonable load on, the Services or the Site (e.g., spam, denial of service attack, viruses, gaming algorithms).
Thank you for taking the time to read our Terms of Service. If you have any general queries, you can contact us through support@windears.com. Please specify the nature of your inquiry for quicker assistance.
