PlayHT Terms of Service

PlayHT Service Overview. Our platform allows you to generate audio files with synthetic AI voices.

Eligibility You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and these Terms.

Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at [email protected]. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

General Payment Terms. Certain features of the Service may require you to pay fees as set forth on our https://play.ht/pricing/ (“Pricing Page”). We may charge different prices for certain features within our Service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.

Price. PlayHT reserves the right to determine pricing for the Service. PlayHT will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. PlayHT may change the fees for any feature of the Service, including additional fees or charges, if PlayHT gives you advance notice of changes before they apply. PlayHT, at its sole discretion, may make promotional offers with different features and different pricing to any of PlayHT’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Authorization. You authorize PlayHT to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by PlayHT, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then PlayHT may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize PlayHT or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our Pricing Page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. PlayHT or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by logging into your account or contacting us at [email protected]. Your cancellation must be received before the renewal date in order to avoid charge for the next subscription period.

Delinquent Accounts. PlayHT may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then PlayHT reserves the right to delete your account and any information or User Content associated with your account without any liability to you.

All Sales Are Final. Unless explicitly stated otherwise in a separate written agreement with PlayHT, all sales and transactions made through our platform are considered final, and we do not offer refunds for any reason.

Subscription Services. For subscription-based Services, you are responsible for canceling your subscription before the renewal date if you wish to avoid being charged for the subsequent billing period. PlayHT does not offer refunds or prorated refunds for subscription fees once they have been charged.

Technical Issues. While we strive to provide a reliable and high-quality service, we do not guarantee the absence of technical issues or interruptions. In the event of technical issues, please contact our support team for assistance, but we do not provide refunds based on technical disruptions alone.

Change of Mind. PlayHT does not offer refunds due to a change of mind or dissatisfaction with the Services provided.

Changes to this Policy. PlayHT reserves the right to modify or amend this No-Refund Policy at any time without prior notice. Any changes to this Policy will be posted on our website, and the revised version will be effective immediately upon posting.

Limited License. Subject to your complete and ongoing compliance with these Terms, PlayHT grants you, solely for your personal, commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service. You will only access (or attempt to access) an API by the means described in the applicable API documentation. BY COMMUNICATING THROUGH THE SERVICE, YOU AGREE THAT OUR THIRD-PARTY SERVICE PROVIDERS WILL RECEIVE AND PROCESS YOUR COMMUNICATIONS ON OUR BEHALF.

License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Service, except to the extent expressly permitted by law (and then only with prior notice to PlayHT); (e) remove or obscure any proprietary notices in a Service; (g) publish benchmarks or performance information about the Service; (f) interfere with the operation of the Service, circumvent any access restrictions, or conduct any security or vulnerability test of the Service; (g) transmit any viruses or other harmful materials to the Service; (h) take any action that risks harm to others or to the security, availability, or integrity of the Service; or (i) access or use the Service in a manner that violates any law. If you are prohibited under applicable law from using the Service, then you may not use it. We may set and enforce limits on your use of APIs (e.g., limiting the number of API requests that you may make), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API.

Feedback. We respect and appreciate the thoughts and comments from our users If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant PlayHT an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

Ownership; Proprietary Rights. The Service is owned and operated by PlayHT. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by PlayHT (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of PlayHT or its third-party licensors. Except as expressly authorized by PlayHT, you may not make use of the Materials. There are no implied licenses in these Terms and PlayHT reserves all rights to the Materials not granted expressly in these Terms.

Third-Party Services and Linked Websites. PlayHT may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize that PlayHT to transfer that information to the applicable third-party service. Third-party services are not under PlayHT’s control, and, to the fullest extent permitted by law, PlayHT is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under PlayHT’s control, and PlayHT is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, PlayHT will have no control over the information that has been shared.

Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

User Content Generally. Certain features of the Service may permit users to submit upload or take other actions with respect to (“Submit”) content including data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Submit to the Service, subject to the licenses granted in these Terms. By Submitting User Content to or via the Service, you grant PlayHT a worldwide, non-exclusive, revocable, royalty-free, fully paid right and license to use your User Content and to provide the Services and take other acts at Your direction.

You Must Have Rights to the Content. You must not Submit any User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. PlayHT disclaims all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

User Content Disclaimer. We have no obligation to edit or control User Content that you or other users Submit and we are not responsible or liable for User Content. PlayHT may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. For clarity, PlayHT does not permit infringing activities on the Service.

Usage Data; Aggregated Data. PlayHT may access, use, transfer, transmit, store, host, or otherwise process (collectively, “Process”) Usage Data and Aggregated Data for internal business purposes, such as to: (a) track use of the Service for billing purposes; (b) provide support for and improve the Service; (c) monitor the performance and stability of the Service; and (d) prevent or address technical issues with the Service. Customer will not interfere with the collection of Usage Data. “Usage Data” means information generated from the use of the Service, which data does not identify users, any other natural human persons, or you, such as technical logs, data, and learnings about your use of the Service, but excluding any text-to-voice renderings and the content thereof. “Aggregated Data” means Data Sets that has been deidentified or aggregated with other data such that the resulting data no longer reasonably identifies you or a specific individual or entity.

Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Intellectual Property Rights Protection. PlayHT respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service. If you believe that any content or data infringe, violate, or misappropriate any third-party right, please contact us.

Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

Term. These Terms are effective upon your Acceptance and terminate in accordance with Section 12.2 (Termination).

Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, PlayHT may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by [describe termination process or] contacting customer service at [email protected].

Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay PlayHT any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 12.3 (Effect of Termination), 13 (Indemnity), 14 (Disclaimers; No Warranties by PlayHT), 15 (Limitation of Liability), 16 (Dispute Resolution and Arbitration), and 17 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Submit to the Service since upon termination of your account, you may lose access rights to any User Content you Submitted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

Modification of the Service. PlayHT reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. PlayHT will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Submit to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Submit to the Service.

Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify PlayHT, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “PlayHT Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PLAYHT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PLAYHT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PLAYHT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PLAYHT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PLAYHT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (Disclaimers; No Warranties by PlayHT) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PlayHT does not disclaim any warranty or other right that PlayHT is prohibited from disclaiming under applicable law.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PLAYHT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PLAYHT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTIONS 16.5 (Commencing Arbitration) AND 16.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PLAYHT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO PLAYHT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

No Jury Trial. You understand and agree that by entering into these Terms, you and PlayHT are each waiving the right to a trial by jury in favor of arbitration.

No Class Actions. You and PlayHT agree that each may only bring claims against the other in your or your busines’s individual capacity and not as a plaintiff or class member in any purported class or reprehensive proceeding. Further, unless both user and PlayHT agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Arbitration. Any dispute, claim, or controversy between you and PlayHT arising out of or relating to these Terms, whether in contract, tort, or otherwise, and the parties’ rights, remedies, and obligations under these Terms (collectively, “Disputes”) will be conclusively determined by a final and binding confidential arbitration proceeding to take place in the City and County of San Francisco, California. Such proceeding will be conducted in English and administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures then in effect, before a single arbitrator chosen in accordance with such rules. The ruling by the arbitrator may be entered in any court having jurisdiction over the parties or any of their assets. You and PlayHT will evenly split the cost of the arbitrator’s fees, but each party will bear their own attorneys’ fees and other costs associated with the arbitration. Both parties agree that this arbitration provision may be enforced by injunction or other equitable order, and no bond or security of any kind will be required with respect to any such injunction or order. In addition, and notwithstanding the foregoing, each party shall be entitled to seek immediate injunctive relief from a court of competent jurisdiction. Disputes must be brought to arbitration within the applicable period under law or they are waived.

General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and PlayHT regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and PlayHT submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contact Information. The Service is offered by PlayHT, Inc., located at 651 N Broad St, Suite 201 New Castle County Middletown, Delaware 19709 United States. You may contact us by sending correspondence to that address or by emailing us at [email protected].

No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

Notice Regarding Apple. This Section 18 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and PlayHT only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.