ElevenLabs
Weighted across nine legal categories. Lower is worse.
Executive summary
The agreement heavily favors the company through broad perpetual licensing of user content, mandatory individual arbitration with class and jury waivers, and a trivial $100 liability cap. While it offers online cancellation and an opt-out for AI training, consumers face significant risks regarding unilateral termination, immediate contract modifications, and uncapped indemnification obligations.
Category breakdown
Acceptance of Terms & Scope
Contract formation and service boundaries
Consent is established via browsewrap mechanics where silence or continued use binds the user, and the scope ambiguously encompasses all associated websites, APIs, and conflicting supplemental terms.
Key findings
- Silence/continued use constitutes acceptance
- Scope includes undefined future services and addenda
- No explicit age verification mechanism described
Evidence from the document
By accessing or using our Services (defined below) in any way, by completing the account registration process, or by browsing the Website (defined below), you agree to be bound by these Terms.
Recommendations
- Implement explicit clickwrap consent with prominent display
- Define clear boundaries for included services and addenda
- Add age-gating or verification steps before account creation
User Accounts
Registration, suspension, and termination
The company reserves unilateral termination rights based on its sole discretion without notice or cure periods, and mandates forfeiture of unused credits upon closure.
Key findings
- Sole discretion termination without warning
- Mandatory forfeiture of prepaid/unused credits
- No appeal or human review process outlined
Evidence from the document
terminate or suspend your access to all or part of the Services, temporarily or permanently, if the Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
If your account is closed or terminated, you will forfeit all unused credits related to our Services
Recommendations
- Introduce written notice and reasonable cure periods
- Allow data export and refund of unused paid balances
- Establish a transparent appeals process with human review
Intellectual Property & UGC
Content ownership and licensing
Users retain nominal ownership but grant a perpetual, irrevocable, worldwide, and sub-licensable license that permits commercial exploitation and derivative works indefinitely.
Key findings
- Perpetual and irrevocable license survives deletion
- Broad right to modify, adapt, and commercially exploit content
- Sub-licensing allowed through multiple tiers without compensation
Evidence from the document
Such license shall be: perpetual and irrevocable (which means this license cannot be withdrawn), nonexclusive... royalty-free and fully paid... worldwide... and sub-licensable, through multiple tiers...
Recommendations
- Limit license strictly to operational necessity during active subscription
- Remove perpetual survival clause and require explicit consent for commercial use
- Add attribution requirements or revenue-sharing for licensed outputs
Data Privacy
Data collection, usage, and protection
Provides an opt-out for model training and a deletion pathway, but authorizes overly broad secondary uses like benchmarking and AI R&D while deferring core privacy details to a separate policy.
Key findings
- Opt-out available for AI training usage
- Broad purpose limitation covers benchmarking and R&D
- Core privacy rights deferred to external Privacy Policy
Evidence from the document
ElevenLabs may process personal data relating to the operation, support, or use of our Services for our own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development, research and development of its AI models...
Recommendations
- Specify purpose-limited data collection directly in the ToS
- Detail cross-border transfer safeguards and security commitments
- Embed CCPA/GDPR exercise mechanisms within this document
Payment & Subscriptions
Billing and subscription management
Allows straightforward online cancellation but enforces strict no-refund policies, automatic price increases at renewal, and immediate forfeiture of prepaid credits upon termination.
Key findings
- Online cancellation matches signup method
- No proration or refunds for early cancellation
- Prepaid credits expire and vanish upon termination
Evidence from the document
Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period. ElevenLabs may change the prices charged for Recurring Subscriptions at any time...
Unused Prepaid Credits are not refundable upon Account suspension or termination.
Recommendations
- Require affirmative consent and conspicuous warnings for auto-renewal
- Mandate renewal reminders and allow pro-rated refunds
- Extend prepaid credit validity post-cancellation or offer partial refunds
Limitation of Liability
Risk allocation and legal protection
Caps total liability at a trivial $100 flat rate and broadly disclaims all warranties without carving out gross negligence, willful misconduct, or statutory consumer protections.
Key findings
- $100 USD absolute liability cap
- Blanket disclaimer of all warranties
- No carve-outs for gross negligence or non-waivable rights
Evidence from the document
The total liability of ElevenLabs for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of: (i) One Hundred United States Dollars ($100 USD); and (ii) the amount paid by you to use our Services in the 12 months preceding the claim.
Recommendations
- Raise liability caps to a meaningful threshold tied to fees paid
- Explicitly preserve non-waivable statutory consumer rights
- Remove blanket warranty disclaimers for core service failures
Indemnification
Legal responsibility allocation
Imposes an uncapped indemnity triggered by mere use or general conduct, grants the company exclusive control over defense, and lacks a carve-out for company-caused claims.
Key findings
- Triggered by 'access to or use' and general 'conduct'
- Company controls defense and settlement unilaterally
- No exclusion for company negligence or fault
Evidence from the document
you will indemnify, defend (at our option), and hold harmless ElevenLabs... from and against any losses... arising out of or related to: (a) your access to or use of the Services; ... (e) your conduct in connection with the Services or the Content.
Recommendations
- Restrict indemnification to proven breaches or unlawful acts
- Exclude claims caused by the company's negligence or willful misconduct
- Establish reciprocal indemnification for IP infringement claims
Modification of Terms
How agreements can be changed
Permits immediate effectiveness of modified terms upon posting or notice, deems continued use as acceptance, and offers no right to reject changes with a pro-rated refund.
Key findings
- Changes effective immediately upon notice
- Continued use equals binding acceptance
- No refund window or version archive provided
Evidence from the document
Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes.
Recommendations
- Mandate 14-30 days advance notice of material changes
- Apply modifications prospectively only
- Guarantee a rejection right with pro-rated refunds for prepaid periods
Governing Law & Disputes
Jurisdiction and conflict resolution
Enforces mandatory individual arbitration with class and jury waivers, designates exclusive jurisdiction in New York, and restricts dispute resolution pathways despite offering a 30-day opt-out.
Key findings
- Mandatory binding individual arbitration
- Class action and jury trial waivers
- Exclusive venue in New York City for court proceedings
Evidence from the document
all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 12(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury.
EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS...
Recommendations
- Preserve small claims and state court access
- Eliminate class waivers and ensure company-covered arbitration fees
- Allow home-state venue options and save local consumer protections
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.