Terms of Service
Terms of Service
Version: 2.0
Effective date: 3 August 2026
Replaces: version 1.1 of 2 August 2026
Service provider: Pedro Cantueso García de Vinuesa · Tax ID (NIF) 45748777Y · Avenida de la Arruzafa 50, 14012 Córdoba, Spain
Contact: [email protected]
1. Who we are, what these Terms cover, and how you accept them
kreawave (the trading name under which this Service operates, at https://kreawave.com — hereinafter "kreawave" or "the Service") is operated by Pedro Cantueso García de Vinuesa, an individual trader established in Spain at the address stated above (hereinafter "the Provider", "we" or "us"). "You" means the person who accesses or uses the Service.
These Terms of Service (the "Terms") govern access to and use of the Service. They are completed by the following documents, which form part of the contractual framework and which you should read together with this one:
- the Legal Notice (https://kreawave.com/legal/notice),
- the Acceptable Use Policy (https://kreawave.com/legal/acceptable-use),
- the Refund Policy (https://kreawave.com/legal/refunds),
- the Privacy Policy (https://kreawave.com/legal/privacy),
- the Cookie Policy (https://kreawave.com/legal/cookies),
- the AI Disclosure (https://kreawave.com/legal/ai-disclosure), and
- the Illegal Content Notice and Action Procedure (https://kreawave.com/legal/takedown).
Where any of those documents conflicts with these Terms, these Terms prevail, except where the other document is more favourable to you as a consumer — in that case the more favourable text applies. Nothing in these Terms or in those documents removes or limits any right that Spanish or European consumer law grants you and that cannot be waived by contract (Art. 10 of Royal Legislative Decree 1/2007, "TRLGDCU").
Acceptance. You accept these Terms when you create an account, or when you use the Service without an account through the public demo. Your acceptance is recorded with the date and the IP address from which it was given. We keep the published text of every version of these Terms, identified by the version number and the effective date printed at the top of this document: if you ever need to know exactly what was in force on the day you accepted, ask us at [email protected] and we will send you that text. If you do not agree with any part of these Terms, do not use the Service.
2. What the Service does today (and what it does not)
Live today. kreawave is a web platform for artificial intelligence speech synthesis (text-to-speech): you type or paste text, choose a voice from our published catalogue, and the Service returns an audio file. That is the whole of what the Service currently supplies.
Not live today. The following are not active features and are not supplied to any user at present:
- Voice cloning (creating a voice from a sample you upload). Disabled at the platform level; the Service accepts no voice samples and processes no voice biometrics.
- AI image generation. Disabled at the platform level.
- AI video generation. Not offered.
Sections 7, 11 and the image/video provisions of these Terms describe rules that will apply automatically, and without a new version of these Terms being needed, from the moment any of those capabilities is enabled. Until then they impose no obligation on you and confer no right on you, because the corresponding feature does not exist.
"Generated Content" means the output the Service produces from your instructions. Today that is audio. It will extend to images and video only from the moment, if ever, the Service actually offers those modalities.
The pricing page and the product interface are the authoritative statement of which features are live at any given time. If those pages and this document ever disagree about what is available, the pages prevail as to availability, and we will correct this document.
3. Eligibility, registration and account security
- The Service is intended exclusively for people aged 18 or over, or the minimum legal age of your jurisdiction if higher. Use by minors is prohibited.
- You must give accurate registration information and keep it up to date.
- You are responsible for keeping your credentials confidential and for everything done from your account. Tell us immediately at [email protected] if you believe your account has been used without your authorisation.
- We may require email verification, may apply anti-fraud and anti-abuse measures, and may refuse or close accounts created to circumvent the limits of a free allowance or of a one-per-account offer.
- One free welcome credit per person. The welcome credit described in §4 is granted once per mailbox. Creating additional accounts to obtain it again is a breach of these Terms.
- Registration is not available from certain territories for legal reasons — see §21.
4. Plans, prices, billing and cancellation
4.1 What we sell
kreawave is sold at a flat rate. You are never billed per character and the price never changes with how much you generate. What a plan or a pack buys is a volume of audio, expressed in hours.
The plans, packs and prices in force at the date of these Terms are:
| Product | Price | Audio volume | Daily limit | Renews? |
|---|---|---|---|---|
| Public demo | free, no account | up to 100 characters per generation | rate-limited | n/a |
| Free welcome credit | €0 | 10 minutes of audio, once per mailbox | none | no — it is not renewed |
| Trial | €1 for 24 hours | 1 hour in total | none below the total | no auto-renewal |
| Pro | €15 / month or €150 / year | 24 hours per month | approx. 2 hours of audio per day | yes, until cancelled |
| Unlimited | €30 / month or €300 / year | about 171 hours per month (see §4-bis) | 6 hours of audio per day | yes, until cancelled |
| Top-up packs | €6 / 5 h · €14 / 15 h · €32 / 40 h | 5, 15 or 40 hours | none | one-off purchase |
Prices are shown including any applicable VAT or sales tax, which is collected and remitted by Paddle (§4.3). The published pricing page is always the authoritative source of current prices; we may change prices with at least 30 days' prior notice, and a price change never applies to a billing period you have already paid for.
"Unlimited" is the commercial name of a plan, not a description of it. That plan is not unlimited: it has a hard ceiling of 6 hours of audio per day and a monthly volume of about 171 hours, both stated in this table, on the plan card before you subscribe, and in §4-bis. We say so here, in the contract, because a name is not a substitute for the figure: the figures above are what you are buying and the only thing you should plan around.
The trial is one per account. The €1 / 24-hour trial can be purchased once per account and cannot be combined with an active paid subscription.
Top-up hours do not expire and are not subject to any daily limit: they remain in your account until you use them, and they can be used in a single sitting, including on the day you buy them.
Monthly volume does not roll over. At the start of each paid period your plan allowance is set to the volume of that plan; whatever you did not use in the previous period is not carried over. Top-up hours are unaffected by this: they are yours until spent.
The daily limit of §4-bis never prevents you from consuming the volume you paid for: on Pro, the daily limit allows about 61 hours a month against a monthly volume of 24, so the full volume is reachable in 12 days of the period; on Unlimited, 6 hours a day reaches the monthly 171 hours in 29 days. We say this expressly because we do not sell you a volume that our own limits make impossible to spend.
How an annual plan works. Paying annually commits you for twelve months at a lower price; it does not credit the whole year's volume to your account on day one. Your plan allowance is set to the monthly volume of the plan and is renewed, month by month, for the twelve months of the year, exactly as on a monthly plan. The daily limit of §4-bis continues to apply throughout. What the annual contract entitles you to over its whole term is therefore twelve times the monthly volume — that is the figure used as the denominator in §16.2 — but you receive it month by month, not all at once.
4.2 Renewal, changes of plan and cancellation
- Subscriptions renew automatically at the end of each billing period at the price then in force for your plan, until you cancel. The trial does not renew.
- You can cancel at any time from your account. Cancellation takes effect at the end of the period you have already paid for: you keep access and your remaining volume until that date, and you are not charged again.
- Cancelling in the middle of a paid period does not, by itself, entitle you to a refund of the unexpired part. It is not the same thing as withdrawal — see §16, which does give you a right to your money back in the cases described there.
- If you upgrade or downgrade mid-period, the change is made on your existing subscription and the payment provider charges or credits the prorated difference for the current cycle. Your volume allowance is then set to that of the new plan.
4.3 Who charges you: Paddle as Merchant of Record
All payments are processed by Paddle.com Market Limited ("Paddle"), acting as Merchant of Record. This means Paddle is the reseller of the Service and the legal seller of record for your purchase: Paddle issues your invoice or receipt, collects and remits the applicable VAT or sales tax, operates the checkout and the billing area shown inside your kreawave account, and handles payment-failure communications. Your use of the checkout is additionally governed by Paddle's own terms and privacy policy (https://www.paddle.com/legal).
Two consequences you should know:
- Paddle may grant a refund at its own discretion, independently of what this document or the Refund Policy says.
- Our refund practice can only be more generous than Paddle's buyer terms, never more restrictive. Where Paddle's terms give you more than we do, Paddle's terms apply.
4-bis. Fair use — the daily limit
Two limits apply to the paid subscription plans: a monthly one and a daily one. Both are stated in hours of audio.
| Plan | Monthly volume | Daily limit |
|---|---|---|
| Trial (€1 / 24 h) | 1 hour in total, does not renew | none below the total |
| Pro (€15 / month · €150 / year) | 24 hours per month | approx. 2 hours of audio per day (120,000 characters) |
| Unlimited (€30 / month · €300 / year) | about 171 hours per month (9,999,999 characters) | 6 hours of audio per day (350,000 characters) |
The free welcome credit and top-up hours have no daily limit below their own total.
The Unlimited plan is not unlimited, and we do not ask you to take the name at face value. It has two ceilings, and both are published: a daily one of 6 hours of audio, and a monthly volume of about 171 hours (9,999,999 characters at the anchor of §5.1). In ordinary use the daily limit is the one you meet; the monthly volume becomes relevant only if you generate at, or close to, the daily maximum on almost every day of the month, in which case you would reach it around day 29. We publish 171 rather than the theoretical 6 × 30 = 180 because 171 is the figure the system actually credits and delivers. Both figures are printed on the plan card, before you subscribe.
Why the daily limit exists.
a) It protects the infrastructure and keeps availability and latency equivalent for every customer.
b) It is designed to affect only industrial, automated or abusive use, not the intensive but legitimate work of a content creator. The Unlimited daily quota is roughly six full one-hour videos in a single day; the Pro quota, two.
c) It is quantified and disclosed in advance: it is a precise, published threshold, shown on each plan card and in this section, not a vague "excessive use" clause.
d) It is non-discriminatory: identical for every customer on the same plan, regardless of location or of the kind of content generated.
What happens when you reach it. The Service refuses any further generation charged to your plan volume for the rest of the day and returns an error explaining why. Nothing is queued and nothing is generated automatically the next day: you have to submit the request again. The counter resets at 00:00 UTC (02:00 Spanish peninsular time in summer, 01:00 in winter).
Reaching the daily limit costs you nothing. It does not consume, forfeit or reduce your monthly volume and carries no penalty. Note the practical consequence on Pro: at about 2 hours a day, using the full 24 monthly hours requires spreading the work over at least 12 days of the billing period. If you need more on a given day, top-up hours are exempt from the daily limit.
This structure is equivalent to the traffic-management practices accepted in "unlimited" telecommunications tariffs, which are lawful under Directive 2005/29/EC on unfair commercial practices provided the restriction is clearly disclosed before contracting — as it is here and on the pricing page.
5. How your volume is measured and charged
5.1 The unit
Volume is metered internally in characters of text, using a single published anchor: 58,333 characters ≈ 1 hour of audio. This is a product-accounting equivalence, not a physical measurement: the real duration of a file depends on the text, the language and the voice. Everything you see — plans, packs, your account balance — is expressed in hours or minutes derived from that anchor.
5.2 What consumes volume, and what does not
Consumes volume:
- Every successful generation, counted on the text you submitted.
- Every segment regeneration you request (see §5.3).
Does not consume volume:
- A generation that fails for a technical reason attributable to the Service. Your balance is never touched, because volume is charged only when a generation completes successfully: a failed job costs you nothing and there is therefore nothing to give back. Precisely because no charge was ever made, you will see neither a charge nor a reversal in your consumption ledger for that job — the job itself appears in your history, marked as failed.
- A generation you cancel before it is produced, for the same reason.
- Browsing the catalogue, listening to catalogue samples, or using the public demo.
Your consumption ledger, available in your account, records every successful generation, every regeneration and every purchase or credit. It is the evidence we will use, and that you can use, in any dispute about volume. If you believe you were charged for a generation you never received, write to us with the job identifier: your ledger and our job records are the evidence we both rely on, and the burden of showing that the Service performed is ours (§15.4).
5.3 Regeneration of a segment — this is charged
The Service lets you redo a single segment of a finished audio instead of regenerating the whole script, and re-splices it into the file. This is a feature, not a defect-correction channel, and the following rules apply:
- Every regeneration you request is a new generation and consumes volume. There are no free regenerations on demand. Redoing a segment synthesises that segment again from scratch on our GPUs, so it is charged exactly like a first take: on the number of characters actually synthesised in the new take.
- Regenerating never gives you back the take it replaces, and shortening the text does not lower the price. A regeneration is charged on the longer of the two texts: the segment as it stood and the segment as you have edited it. The reason is the work itself. Redoing a segment synthesises it in full on our GPUs, and the original take was already produced and delivered at its full length. Editing three words out of a paragraph does not make the paragraph cheaper to produce, and shortening the text afterwards does not undo the work already done for you. You are free to shorten your text whenever you like — it simply does not reduce what the regeneration costs.
- A segment is limited to 200 characters, so a correction can never be used to obtain a larger generation than the segment it replaces. If your corrected text exceeds that limit, the request is rejected rather than silently truncated, so that you never receive audio that does not say what you wrote.
- Only one regeneration at a time per audio file, and regeneration requires a registered account.
Deliberately submitting defective text in order to obtain a re-run at reduced cost is prohibited by §8.3 of the Acceptable Use Policy and is dealt with there, as conduct — not by charging every customer for characters we do not synthesise.
This does not affect your statutory rights. If a generation is defective for a reason attributable to the Service, you are not buying a regeneration: you are exercising the guarantee of conformity in §15, and that costs you nothing — see §15.4. That right cannot be waived by contract (Arts. 10 and 119 TRLGDCU).
5.4 Order of consumption and other limits
- Consumption is taken first from your plan allowance (up to the daily limit of §4-bis) and then from your top-up and welcome hours.
- A single generation is limited to 100,000 characters of input text.
- The public demo is limited to 100 characters per generation and is rate-limited per visitor and site-wide.
6. Responsible use — voice and audio
The catalogue voice synthesis module is live today and the rules of this section apply to it in full.
You declare and warrant that:
a) You hold, or have valid and documented permission for, all rights over the text and instructions you submit.
b) You will not use the Service to impersonate anyone, to commit fraud, to produce deceptive audio deepfakes, or to create content capable of causing harm to natural or legal persons.
c) You will not use the Service to harass, threaten or defame anyone.
It is strictly prohibited to:
- Generate audio that simulates false statements, orders or communications from public authorities, institutions, companies or identifiable real persons.
- Use the Service for fraudulent, deceptive or unlawful activity of any kind.
- Attempt to remove, disable, mask or defeat the AI marking described in §10.
- Resell, sublicense or expose the Service as your own generation API, or use automated means to extract the voice catalogue.
The full and binding list of prohibited uses is in the Acceptable Use Policy.
7. Responsible use — images and video (future capabilities)
Neither image nor video generation is active today (§2). This section is kept in force so that, the moment either is enabled, the following applies automatically.
If and when active, the image and video modules are intended exclusively for lawful and creative content production. It will be strictly prohibited to generate, or attempt to generate:
a) Sexual or pornographic content of any kind, including explicit or suggestive nudity.
b) Any sexual representation of a person under 18 (CSAM), whether real or AI-generated. This is a criminal offence and is reported (§13).
c) Images or video of identifiable real people — public figures, celebrities, political figures or private individuals — without their explicit and documented consent.
d) Deceptive deepfakes: content designed to make it appear that a real person said, did, or was present at something that never happened, with intent to deceive, defame or harm.
e) Content inciting hatred, violence or discrimination on the grounds of race, ethnicity, religion, sex, sexual orientation, disability or any other protected characteristic.
f) Copyright-protected material without authorisation from the rights holder.
g) Anything unlawful under Spanish or European Union law.
Automatic moderation will operate on both the input and the output. Attempting to circumvent it is a serious breach of these Terms.
8. Your warranties over the material you submit
You declare and warrant that you hold every right required — intellectual property, image and voice rights, consents, and any other applicable right — over the text, prompts, voice samples and instructions you submit to the Service, and that their use by the Service does not infringe the rights of any third party. You are solely responsible for the material you submit.
9. Ownership of Generated Content
Subject to your compliance with these Terms and with your plan, you may use the Generated Content you produce, including commercially, for the lifetime of the file. We claim no ownership over the specific output you generate and we do not use your generated files to promote the Service without your consent.
We do not transfer to you any right over the AI models, the voice catalogue, the underlying infrastructure or the software. Catalogue voices remain ours or our licensors': you receive the right to use the audio produced with them, not any right in the voice itself, and you may not use a catalogue voice to train, fine-tune, distil or reconstruct another speech model.
Generated files are retained for 7 days and then deleted automatically (§12). Download what you need within that window.
10. AI marking and disclosure
All audio produced by the Service is generated by artificial intelligence and is marked as such. The marking is mandatory, is applied to every file, and the Service provides no means of disabling it: a synthesis worker that cannot load the watermarking model refuses to start, and every assembled file is re-checked with the detector before delivery and marked again if the mark is not found. No watermark is technically impossible to remove; ours is designed to withstand normal editing, format conversion and lossy compression, to the extent that is technically feasible (Art. 50.2 AI Act). Attempting to remove it is a serious breach of these Terms. The marking consists of:
- Metadata fingerprint written into the file: generator, model, licence, voice identifier, seed and date, plus a SHA-256 hash of the audio.
- Inaudible signal watermark: production audio carries an AudioSeal watermark embedded in the signal itself. Because it lives in the signal and not in the container, it survives transcoding: the MP3 you download inherits the watermark of the canonical WAV.
- Images and video, if and when those modules are enabled, will carry machine-readable provenance metadata following the C2PA specification (Content Credentials) or an equivalent state-of-the-art standard, together with an embedded watermark, as described in the AI Disclosure §3.3. Neither module is enabled today and no such file exists.
Removing, attempting to remove, or misrepresenting this marking is a serious breach of these Terms and may also breach Article 50 of Regulation (EU) 2024/1689 (AI Act), applicable since 2 August 2026, which requires that synthetic audio, image and video content be machine-readably marked and that its artificial origin be disclosed. Full detail in the AI Disclosure.
11. Cloned voices — exclusivity and deletion (future capability)
Status: voice cloning is not active. No user voice sample is processed today and no cloned-voice data exists. This section is kept in force so that these guarantees apply from the first minute the feature is enabled.
Exclusivity. Each voice you clone is exclusive to your account:
a) The voice embedding is technically and legally bound to the account that created it and cannot be accessed, used, shared, exported or transferred to any other account.
b) No other user may use your cloned voice, whatever they know about its name or identifier. Any attempt at unauthorised access is a serious breach of these Terms.
c) We do not share, transfer, sell or exploit users' cloned voices for our own or anyone else's purposes, save where we are legally obliged to retain or hand over data to a competent authority.
d) Voices in our published catalogue are not user clones: they are ours, and are governed by the licences of the underlying models.
Deletion on demand. You may delete any cloned voice at any time, without giving a reason, from your dashboard. On deletion:
- The (encrypted) voice sample and its embedding are overwritten and deleted immediately, in the same request — not on a later schedule — and the deletion is permanent and irrecoverable.
- A generation already in progress may finish; no further generation with that voice will be possible.
- The result of the deletion is confirmed to you in the response to your request and is reflected at once in your dashboard.
- Audio files you already generated with that voice are not deleted automatically; you may delete them yourself, or they will be deleted when their 7-day retention window expires.
Account deletion. If you delete your account or exercise your right to erasure (Art. 17 GDPR), all cloned voices and embeddings are deleted with the rest of your account data.
Withdrawal of biometric consent. Deleting a cloned voice constitutes withdrawal of your consent to the processing of the corresponding biometric data, with the effects of Art. 7.3 GDPR and of our Privacy Policy. Withdrawal does not affect the lawfulness of processing carried out before it.
12. Availability, retention of files, and changes to the Service
- The Service is provided on an "as is" and "as available" basis; uninterrupted availability is not guaranteed. This does not affect the guarantee of conformity in §15.
- Generated audio files are kept for 7 days from generation and are then deleted automatically. The text of your generations is kept for 7 days; the technical record of the job (identifiers, status, volume) for 90 days. Details in the Privacy Policy.
- Files are available in WAV (the canonical format, which carries the watermark in the signal) and in MP3 transcoded on request.
- We may modify, suspend or discontinue all or part of the Service, but only for a valid reason stated here (Art. 85.3 TRLGDCU): to comply with a legal or regulatory requirement or a decision of a competent authority; for the security or the integrity of the Service; because a model, a voice or a third-party component ceases to be available or licensable to us; or to introduce a technical improvement that does not reduce what you contracted for. We give at least 30 days' prior notice, except where a legal requirement or a security incident makes that impossible.
- If a change reduces what you contracted for — the volume, the daily limit, a language, or the availability of a voice you have used — you may terminate immediately and we refund the part of the price corresponding to the period you will no longer receive, plus any unused top-up hours. If a voice is withdrawn from the catalogue, files you already generated with it are unaffected.
- Generation limits (volume, concurrency, daily caps) are those published on the pricing page and in §4-bis, and are never adjusted retroactively within a period you have already paid for.
13. Enforcement — suspension and termination of accounts
If you breach these Terms or the Acceptable Use Policy, we may, proportionately to the seriousness of the breach:
- Suspend the account as a precaution while we investigate;
- Restrict specific features;
- Terminate the account permanently in cases of serious or repeated breach — in particular the prohibitions in §§6 and 7;
- Preserve incident metadata (without storing the prohibited content itself) for reporting to the competent authorities;
- Report to the authorities (INCIBE, Policía Nacional — BCIT, Guardia Civil — GDT, Public Prosecutor's Office) where the content may constitute a criminal offence, in particular in CSAM cases (Arts. 189 and 189 bis of the Spanish Criminal Code).
What happens to money on termination. Volume already consumed is never refunded, because the service corresponding to it has already been supplied. The unexpired part of a paid period, and any purchased top-up hours you have not used, are refunded to you within 14 days of the termination: we do not keep money for a service we are not going to provide, and we apply no forfeiture of amounts paid (Arts. 85.6 and 87.4 TRLGDCU).
That refund does not settle anything else. Where your breach has caused us loss — infrastructure costs, third-party claims, the cost of reporting to the authorities — we will set it out to you in writing, with the amounts and their basis, and claim it from you separately. We do not deduct it unilaterally from your balance.
Right to be heard. If we suspend or terminate your account we will tell you why, on a durable medium, and you may contest the decision at any time, with no deadline of our own, by writing to [email protected]. We will answer within 15 days (§20), the case is reviewed with human involvement, and if the review shows the measure was unfounded it is reversed and the account reinstated. This does not affect your right to bring the matter before the consumer authorities or the courts.
Deliberate or repeated abuse may additionally give rise to civil or criminal proceedings.
14. Reporting illegal content
If you believe that content generated or hosted through the Service is unlawful or infringes your rights, you can notify us under the notice-and-action procedure at https://kreawave.com/legal/takedown, which implements Articles 16 and 17 of Regulation (EU) 2022/2065 (Digital Services Act). That document states the channels, the information a notice must contain, our response times and your right to a statement of reasons and to contest our decision.
15. Conformity of the Service — our legal guarantee
This section states what we promise the Service will do, because that is the yardstick against which any complaint about quality is measured (Arts. 115 bis and 115 ter TRLGDCU, transposing Directive (EU) 2019/770 on digital content and digital services).
15.1 What kreawave is, legally
kreawave is a digital service within the meaning of Art. 2.2.a) of Directive (EU) 2019/770: a continuous service that lets you create and process data, not a one-off delivery of a digital file. This classification governs both this section and §16.
15.2 What we guarantee
The Service conforms to the contract when:
a) It corresponds to the description, quantity and quality published: the plan volume, the daily limit, the languages and the voices in the catalogue.
b) It is fit for the purpose for which a service of this type is normally used — producing intelligible, downloadable synthetic speech in the chosen voice and language.
c) It is supplied with the quality and features that you can reasonably expect, taking into account the public statements we make and, expressly, the trial version and the samples we make available before you contract (Art. 115 ter.1.b TRLGDCU). That means the public demo, the 10 free welcome minutes and the samples published for each catalogue voice are not marketing that we can later disown: they are the objective standard of conformity, and we are bound by them.
15.3 An honest statement about the catalogue samples
So that the reference point in §15.2.c is not misleading, we state it plainly:
- The samples published in the voice catalogue are selected recordings. Each one was produced by generating five takes of the same text and keeping the best of the five, judged by an automatic quality scorer.
- When you generate, the Service works differently: it generates a take, checks it against the automatic quality gate and delivers the first take that passes, without producing further takes. If a take does not pass, that segment is generated again, up to three attempts in total; if none of the three passes, the best of the three is delivered rather than the job failing, and the outcome is recorded in your job record. Your audio is never a best-of-five selection.
What this means for you. The published sample is an accurate representation of the timbre, accent, language and character of that voice — that is what you should judge before buying, and that is what we guarantee. It is not a promise that any single take will be identical to the sample in breathing, micro-timing or emphasis, because it was chosen from several and yours is the first acceptable one. If you need a specific take, the segment regeneration feature of §5.3 exists precisely for that, and it is charged.
15.4 What counts as a lack of conformity — and what we do about it
It is a lack of conformity, and it costs you nothing, if:
- the audio does not correspond to the text you submitted (omitted, repeated or invented passages);
- the audio is not in the voice or the language you selected;
- the file is corrupt, truncated or silent;
- the file cannot be downloaded during its retention window for a reason attributable to us;
- the Service is unavailable, or the delivered quality falls materially below that of the published sample of the same voice under equivalent conditions.
In those cases we apply the statutory remedy of bringing the service into conformity (Arts. 118 to 121 TRLGDCU) at no cost to you: in practice, we return the volume consumed by the defective generation to your account so that you can produce it again for free, and where that is not possible or does not solve it, you are entitled to a proportionate price reduction or to terminate the contract, in accordance with the law. To claim, write to [email protected] with the identifier of the generation. The burden of proving that the Service conformed is ours, not yours (Art. 121.2 TRLGDCU). The audio file itself is deleted after 7 days, but the technical record of every generation — parameters, quality-check outcome, seed, engine and the SHA-256 fingerprint of the audio — is kept for 90 days and is what we examine: you do not need to have kept the file in order to claim. If you tell us within the 7-day window that a specific generation is defective, we preserve that file until the claim is closed. Where neither the file nor the record still exists because the claim reaches us after both windows, we resolve the doubt in your favour.
It is not a lack of conformity, and therefore does not give rise to a refund or to a free regeneration:
- Disliking the timbre, accent, intonation, emphasis, rhythm, pace or style of a voice which nevertheless corresponds to the one you selected and says what you wrote. Every one of those characteristics can be checked before paying, free of charge, in the public demo, with the 10 welcome minutes and in the catalogue samples — which is exactly why we provide them.
- A pronunciation you would have said differently, where the audio corresponds to the text supplied. If you need a different reading, edit the text or the segment and regenerate it (§5.3, charged).
- Results that do not meet an expectation we never created — a use, a language, a format or a voice we do not offer.
- Failures caused by your own equipment, connection or software, or by your misuse of the Service.
Time limits and burden of proof. We are liable for any lack of conformity that occurs or becomes apparent during the whole period in which the Service is supplied to you (Art. 120.2 TRLGDCU), and throughout that period the burden of proving conformity is on us, not on you (Art. 121.2 TRLGDCU). We shorten neither.
16. Right of withdrawal, cancellation and refunds
This section replaces in full the withdrawal clauses of previous versions of these Terms. Read §16.6 if you contracted before 3 August 2026.
16.1 You have 14 days, and they are real
If you are a consumer — that is, a natural person acting for purposes outside your trade, business, craft or profession — you have 14 calendar days to withdraw from your purchase without giving any reason and without penalty (Art. 102.1 TRLGDCU; Art. 9 of Directive 2011/83/EU). This contract is governed by Spanish law (§23), so this right is available to you wherever you reside; and if the mandatory consumer law of your own country of habitual residence gives you more, that law applies as well. The period runs from the day the contract is concluded, that is, from your purchase (Art. 104 TRLGDCU).
This applies to every paid purchase: the monthly plans, the annual plans, the €1 trial and the top-up packs. We do not treat the generation of your first audio as extinguishing this right.
16.2 Immediate start, and what it costs you if you withdraw
When you buy, we ask you to request expressly that we start providing the Service immediately, before those 14 days have elapsed — otherwise you would have to wait two weeks to generate anything — and to acknowledge the consequence set out below. That request and that acknowledgement are collected at the moment of payment, recorded with the date, the IP address and the version of these Terms then in force, and confirmed to you in writing. Where they were not collected at the moment of payment, you owe us nothing at all for the part of the service already supplied and we refund 100% of what you paid (Art. 108.5 TRLGDCU).
The consequences, which we set out here in compliance with Art. 97.1.l) TRLGDCU, are:
- You keep your right to withdraw during the 14 days. Starting to use the Service does not remove it.
- If you do withdraw, you must pay us an amount proportionate to the part of the service already supplied at the moment you tell us, measured against the whole of what the contract entitled you to and calculated on the total price agreed (Art. 108.4 TRLGDCU). We refund the rest.
How that proportionate amount is calculated. The Court of Justice of the European Union has ruled that this amount is calculated in principle pro rata temporis, against the price agreed for the whole contract (judgment of 8 October 2020, PE Digital, C-641/19), and that for a subscription to a digital service the compensation is tied to the period of use and, where appropriate, to the economic value of what was actually consumed (judgment of 9 July 2026, Sky Österreich Fernsehen, C-234/25). We therefore apply:
amount payable = (total price paid × days elapsed ÷ days of the committed period) + (hours of audio generated in excess of the volume those days entitled you to × €0.80 per hour), and never more than the total price you paid.
The first term is the pro rata temporis element required by that case law. The second term exists for one purpose only: to stop a whole period's volume being drawn down in a few days and then withdrawn from. €0.80 is the lowest per-hour price we sell to anybody (the 40-hour pack). If you stayed within the volume those days entitled you to, the second term is zero.
"The volume those days entitled you to" is the volume of your plan for the committed period, pro-rated over the days that had elapsed:
| Product | Days of the committed period | Volume of the committed period |
|---|---|---|
| Trial €1 / 24 h | 1 day (24 hours) | 1 hour |
| Pro monthly | the days of the billing month | 24 hours |
| Pro annual | 365 days | 288 hours (24 × 12, credited month by month) |
| Unlimited monthly | the days of the billing month | 171 hours |
| Unlimited annual | 365 days | 2,057 hours (12 × 171, credited month by month) |
| Top-up pack | none — see below | the 5, 15 or 40 hours of the pack |
A top-up pack has no committed period: its hours never expire, so there is nothing to pro-rate over time. For a pack the proportionate amount is simply price paid × hours used ÷ hours of the pack.
Worked examples:
| Case | Elapsed | Generated | Volume those days entitled you to | Amount payable | Refund |
|---|---|---|---|---|---|
| Pro monthly (€15), withdrawn on day 6, 3 h generated | 6 / 30 | 3 h | 4.8 h | €3.00 | €12.00 |
| Unlimited annual (€300), withdrawn on day 14, 60 h generated | 14 / 365 | 60 h | 78.9 h | €11.51 | €288.49 |
| Pro annual (€150), withdrawn on day 14, 24 h generated | 14 / 365 | 24 h | 11.0 h | €5.75 + €10.36 = €16.11 | €133.89 |
| 15 h pack (€14), withdrawn having used 4 h | n/a | 4 h | n/a | €3.73 | €10.27 |
The amount payable can never exceed the total price you paid, and the figures come from your consumption ledger, which you can inspect at any time. The 10 free welcome minutes are never counted as consumption, because you did not pay for them. This is the same formula as §3.3 of the Refund Policy; if the two texts ever differ, the one more favourable to you applies (Art. 80.2 TRLGDCU).
If you did not use the Service at all, you get everything back. Where your account has generated no audio, we refund 100% of what you paid, with no deduction at all — we waive even the pro rata temporis element. We treat a purchase followed by no use as what it usually is, a mistake, and we do not keep the money. And we do not apply the 14-day limit to that case: for as long as your account has generated no audio, you may ask for the whole amount back and we will return it (Refund Policy §8.1).
16.3 The only case where the right is lost: the trial, once fully performed
The right of withdrawal is lost only in the case foreseen by Art. 103.a) TRLGDCU: a service that has been fully performed, where performance began with your prior express consent and with your acknowledgement that, once fully performed, you would lose the right.
In practice this affects only the €1 / 24-hour trial, and only once its 24 hours have elapsed — at that point the contract has been performed in full and there is nothing left to withdraw from. Before the 24 hours are up you may still withdraw, paying the proportionate amount of §16.2, which cannot exceed €1.
This exception applies only if, at checkout, you actually gave both the express consent and the acknowledgement described above. If you did not, the right of withdrawal remains fully available to you for the 14 days.
No other product loses the right. A monthly or annual subscription is not fully performed on day one, or on day fourteen: it runs for a month or a year. Neither is a top-up pack, whose hours you consume over time. For those, the right of withdrawal survives for the full 14 days, subject only to the proportionate deduction.
16.4 How to withdraw, and when you get your money
Tell us before the 14 days expire, by any unambiguous statement, through whichever of these channels suits you — email to [email protected], telephone on the number in §20.1, or post to Avenida de la Arruzafa 50, 14012 Córdoba, Spain. No channel is privileged over another, none of them costs you anything, and we do not require you to justify your decision or to complete any retention flow. You may use the model form in §16.5, but you are not obliged to. It is enough that you send the notice within the period, even if it reaches us afterwards (Art. 106.4 TRLGDCU); we will acknowledge receipt on a durable medium (Art. 106 TRLGDCU).
We will refund you, within 14 calendar days of receiving your notice, using the same means of payment you used, unless you expressly agree otherwise; the refund costs you nothing (Art. 107.1 TRLGDCU). The refund is executed through Paddle, the Merchant of Record, and will appear on your statement under Paddle's descriptor.
16.5 Model withdrawal form
To: Pedro Cantueso García de Vinuesa — [email protected] — Avenida de la Arruzafa 50, 14012 Córdoba, Spain
I hereby give notice that I withdraw from my contract for the supply of the kreawave service (plan / trial / top-up pack: ........................), purchased on ........................
Name of the consumer: ........................
Address: ........................
Account email: ........................
Signature (only if this form is sent on paper): ........................
Date: ........................
16.6 If you contracted under a previous version of these Terms
Version 1.1 of these Terms stated that the right of withdrawal was extinguished as soon as you began using the Service. That statement was wrong in law and we are not applying it. Under Art. 105.1 TRLGDCU, when the information on the right of withdrawal has not been correctly supplied, the period is extended; and where the correct information is supplied later, a fresh period of 14 calendar days runs from the moment it is supplied.
Accordingly: if you purchased any plan, trial or pack before 3 August 2026, your withdrawal period was extended by operation of law and runs until 12 months after the end of the original 14 days (Art. 105.1 TRLGDCU). We are sending every affected customer an individual notice with the corrected information; from the day you receive that notice you have a fresh period of 14 calendar days to withdraw under the rules of this §16 (Art. 105.2 TRLGDCU), and until you receive it the 12-month period continues to run in your favour. Publishing this version on the website is not, by itself, receipt of that notice. Write to [email protected] and we will apply this section rather than the superseded text; we will not raise the expiry of any period against you where the fault was ours.
The sign-up wording used before this version also stated that generating audio extinguished the right of withdrawal. That statement was wrong in law, it is void under Art. 10 TRLGDCU, and we do not rely on it against anyone.
16.7 Refunds outside withdrawal
Beyond the right of withdrawal, we operate a Refund Policy (https://kreawave.com/legal/refunds) which sets out the cases in which we return money or volume — technical failures, duplicate charges, inability to activate the service and others — the deadlines and how to claim. That policy develops this section and cannot contradict it: where it does, this section prevails, unless the Refund Policy is more favourable to you.
Before opening a chargeback with your bank, please write to us. Most disputes are a billing question we can resolve in a few days, and a chargeback costs both of us more time than the amount usually involved. Contacting us first is a request, not a condition: it does not restrict your right to dispute a charge with your payment provider or to go to your bank, and we will not restrict your access to the Service for having done so.
17. Liability
We are liable for damage caused by our own breach of these Terms or of the guarantee of conformity, in accordance with Spanish law.
We are not liable for:
- the use you make of the Generated Content, or for content you produce in breach of §§6, 7 and 8 — you assume full responsibility for that;
- failures of third parties outside our control (connectivity providers, the payment processor, external storage) or events of force majeure;
- indirect loss, loss of profit or loss of business opportunity, where you are acting as a business rather than as a consumer.
Nothing in this section limits or excludes: liability for death or personal injury, for wilful misconduct or gross negligence, or any liability which cannot be excluded or limited under Spanish or European consumer law (Arts. 10 and 86 TRLGDCU).
18. Intellectual property of the Service
The name, the logo, the design, the code, the documentation, the voice catalogue and every other element of the Service belong to the Provider or are used under licence. Reproduction, distribution, public communication, transformation, decompilation or reverse engineering, in whole or in part, without our express authorisation is prohibited. This does not restrict your rights over the Generated Content under §9.
19. Data protection
Personal data are processed as described in the Privacy Policy (https://kreawave.com/legal/privacy), in compliance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD). That document is the authoritative statement of what data we process, on what legal basis, for how long, with whom we share it and how you exercise your rights.
20. Customer service, complaints and out-of-court dispute resolution
20.1 How to reach us
You can contact us, and file a complaint, through any of these channels — all of them free of charge, all of them able to produce a written record on a durable medium, and including the medium through which our relationship began, as Arts. 21.3 and 97.1.c) TRLGDCU require:
- Email: [email protected] — the same electronic medium through which you signed up.
- Telephone: +34 621 34 26 94 (Monday to Friday, 10:00-14:00 CET)
- Post: Pedro Cantueso García de Vinuesa, Avenida de la Arruzafa 50, 14012 Córdoba, Spain
We acknowledge receipt of every complaint with a reference number on a durable medium and answer it within a maximum of 15 days from its submission, as required by Art. 21.3 TRLGDCU.
Official complaint forms. At your request we make available, free of charge, the official complaint and claim form of the Junta de Andalucía (hoja de quejas y reclamaciones), in the form laid down by Decreto 82/2022 of 17 May (BOJA no. 95, 20 May 2022) and the Order of 24 April 2026 governing the Hoj@ electronic complaints system (BOJA no. 82, 30 April 2026). Where a complaint is submitted on that official form, we answer it within the 10 working days that regulation requires. Write to [email protected] with the subject "hoja de reclamaciones" and we will send it to you; you may return it by email or by post to the address above, and you may also submit it directly through the Junta de Andalucía's electronic complaints system.
20.2 Out-of-court dispute resolution
If our answer does not satisfy you, you may:
- File a complaint with the consumer authority of your place of residence — in Spain, the municipal consumer information office (OMIC) or the consumer authority of your autonomous community. In Andalusia: Dirección General de Consumo, Junta de Andalucía.
- Request consumer arbitration under the Spanish consumer arbitration system (Royal Decree 231/2008). As Art. 97.1.t) TRLGDCU requires us to state this either way: the Provider is not adhered to that system, nor to any accredited alternative dispute resolution entity under Law 7/2017 of 2 November. He may nevertheless accept arbitration case by case where a consumer proposes it, and will say so in writing when he does.
- If you reside in another EU country, contact the European Consumer Centre of your country (in Spain: https://cec.consumo.gob.es).
Note on the European ODR platform. Earlier versions of these Terms pointed to the European Commission's online dispute resolution platform. That platform ceased to operate on 20 July 2025, following Regulation (EU) 2024/3228 which repealed Regulation (EU) 524/2013. It is no longer a redress channel and we no longer refer to it.
Nothing in this section prevents you from going directly to the courts.
21. Users outside the European Union
The Service is designed and operated primarily for users in the European Economic Area. If you reside elsewhere you access it at your own risk and must check that using it complies with the law of your country.
In particular:
- Illinois (USA). Registration and sign-in are blocked from the State of Illinois, as a precaution in relation to the Illinois Biometric Information Privacy Act (BIPA). If we enable voice cloning and put in place a BIPA-compliant consent flow, we will lift the restriction and update this section beforehand.
- People's Republic of China. Registration and sign-in are blocked, in relation to the requirements of the PIPL.
- California (USA). California residents have additional rights over their personal data under the CCPA/CPRA. To exercise them, write to [email protected].
If the law of your country of residence prohibits or restricts the use of a service of this kind, do not use it.
22. Language of the contract
The Service and these Terms are published in English, and the contract may be concluded in English or Spanish (Art. 97.1.i) TRLGDCU).
For consumers in Spain, the mandatory pre-contractual information required by Art. 97.1 TRLGDCU is also provided in Spanish, as required by Arts. 60.4 and 98.1 TRLGDCU: it is published at https://kreawave.com/legal/pre-contract-es and we send it to you on request, at any time, at [email protected]. In the event of any discrepancy between the two texts, the interpretation most favourable to the consumer prevails (Art. 80.2 TRLGDCU).
23. Governing law and jurisdiction
These Terms are governed by Spanish law.
If you are a consumer, you may bring proceedings before the courts of your own place of residence, and any claim we bring against you will be brought there; the mandatory consumer-protection rules of your country of habitual residence continue to apply to you in any event (Art. 6 of Regulation (EC) 593/2008, Rome I).
If you use the Service as a business or professional, the parties submit to the Courts and Tribunals of Córdoba, Spain.
24. Amendments to these Terms and version control
We may amend these Terms. When we do:
- We will notify you at least 30 days in advance, by email or by prominent notice in the platform, and the new version will not apply to a billing period you have already paid for. Amendments that are purely favourable to you, or that correct an error to your benefit, take effect immediately.
- If you do not accept an amendment, you may cancel before it takes effect, with a refund of the unexpired part of any period paid in advance.
- Every substantive change produces a new version number and a new effective date. We do not modify the text of a published version in place. The version you accepted is the one recorded against your account, and we keep the archived text of every past version and will send it to you on request.
The version in force is always available at https://kreawave.com/legal/terms.
25. Contact
Questions about these Terms: [email protected] · Pedro Cantueso García de Vinuesa, Avenida de la Arruzafa 50, 14012 Córdoba, Spain.