Artificial Intelligence Supplement

This Artificial Intelligence Supplement ("AI Supplement") governs the use of artificial intelligence features made available through the Wistia Services. This AI Supplement forms part of the Wistia Terms of Service ("Terms"). Capitalized terms not defined herein have the meanings set forth in the Terms.

YOUR RIGHT TO USE THE AI FEATURES, AS DEFINED BELOW, IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THIS SUPPLEMENT. BY USING THE AI FEATURES, YOU UNCONDITIONALLY CONSENT TO BE BOUND BY AND ARE BE SUBJECT TO THIS SUPPLEMENT. IF YOU ARE ACCESSING THE AI FEATURES ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THIS SUPPLEMENT ON ITS BEHALF. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS SUPPLEMENT, YOU MUST NOT ACCEPT THIS SUPPLEMENT AND MAY NOT USE THE AI FEATURES.

1 AI Features.

The Services may include artificial intelligence, machine learning, or automated media processing technologies ("AI Features") designed to assist customers with the creation, editing, accessibility, and distribution of Content. AI Features may include functionality such as:

Transcription and caption generation;
Translation or dubbing of audio;
Video summarization and metadata generation;
Chapter detection and segmentation;
Script or description generation;
Audio enhancement and noise reduction;
Synthetic speech generation (text-to-speech);
Synthetic music or audio generation;
Other automated media production tools.

AI Features may be provided by Wistia or by third-party technology providers integrated into the Services ("AI Providers"). Wistia may add, modify, or discontinue AI Features at any time.

2 Processing of Customer Content.

To provide AI Features, Customer Content may be analyzed or processed using automated systems in order to generate outputs such as transcripts, captions, summaries, translations, synthesized audio, or other media outputs. Customer acknowledges that:

AI-generated outputs are created using automated systems;
outputs may contain inaccuracies or unintended results;
outputs may require human review before publication or use;
outputs may not be unique and similar or identical outputs may be generated for other users of the Services.

Customers remain responsible for reviewing and approving AI-generated outputs prior to publication or distribution.

3 Ownership of Inputs and Outputs.

As between Wistia and Customer, Customer retains ownership of Customer Content submitted to AI Features. To the extent permitted by applicable law, Customer owns outputs generated from its Customer Content through AI Features. Wistia does not claim ownership of Customer Content or AI-generated outputs derived from Customer Content.

4 Training Restrictions.

Unless otherwise expressly disclosed by Wistia, Customer Content submitted through the Services is not used by Wistia to train generalized artificial intelligence models. Third-party AI Providers may process Customer Content solely for the purpose of providing the requested functionality within the Services.

5 Third-Party AI Providers.

Certain AI Features rely on third-party service providers that process audio, video, or text inputs to generate requested outputs. These providers process Customer Content only as necessary to provide the requested functionality. Information regarding applicable subprocessors and technology providers may be available through the Wistia Trust Center.

6 Biometric Data.

7 Responsible Use.

Customer must use AI Features in compliance with these Terms, the Wistia Acceptable Use Policy and applicable laws and regulations. Wistia may suspend or restrict a Customer’s use of AI Features where Customer’s use of these features violates these requirements.

8 Accuracy Disclaimer.

AI Features rely on automated models and statistical processes. Wistia does not guarantee that AI-generated outputs will be accurate, complete, unbiased, or suitable for any particular purpose. Outputs may not be unique and similar or identical outputs may be generated for other users of the Services. Customer remains responsible for reviewing outputs prior to use.

9 Safeguards.

Wistia may implement safeguards designed to reduce misuse of AI Features, including safeguards related to synthetic media generation.

10 Feature Specific Provisions.

This Section only applies to the specific features identified in this Section. To the extent of any conflict between the terms and conditions of this Section and the other Sections of the Terms, this Section shall govern.

(a) Audio Generation Feature. The Audio Generation Feature is an Artificial Intelligence powered solution which consists of speech generation. Speech generation takes text as input and generates audio speech files as output. The Audio Generation Feature is Services for purposes of the Terms and all terms and conditions of the Terms shall apply to such feature.

(i) Requirements.

(A) Customer is not, and shall not hold itself out as, Wistia’s or its third party provider’s agent or partner or in a joint venture with Wistia or its third party providers.

(B) Customer shall not provide any Content into the Services that includes protected health information ("PHI") as defined by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Pub. L. No. 104–191 except as permitted by an executed HIPAA BAA; or PHI or personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation within the meaning of Art. 9 EU General Data Protection Regulation 2016/679 except as permitted by applicable law.

(C) Customer will not and will not permit any third parties to use data, content, or material generated by the Services to develop artificial intelligence models that compete with Wistia’s or its third party provider’s products and services or reverse engineer any aspect of the Services or the systems used to provide the Services.

(D) Customer is solely responsible for ensuring that Content and output complies with all applicable laws and does not infringe or misappropriate any third-party rights, including intellectual property, publicity, or personality rights.

(ii) Representations and Warranties. Customer represents, covenants, and warrants that:

(A) it has all necessary rights and consents to allow Wistia and its third party providers and their subcontractors and subprocessors to process Content and output. Such consents shall, where required, include consent to process biometric data, consent to recording, and verifiable parental consent pursuant to COPPA or any other applicable laws (such as the EU GDPR or UK GDPR) sufficient to permit Wistia and its third party providers to process voice information;

(B) it is either the owner of, or otherwise has the necessary rights and licenses to use and to authorize Wistia and its third party providers to use, Content as permitted under the Terms; and

(C) it has the written consent, release, or permission of each and every natural person whose personal data or likeness (including voice or other audio likeness) appears in Content, to permit the inclusion, creation and use of such Content and output.

(iii) Suspension. Wistia may limit, suspend or terminate Customer’s access to the Audio Generation Feature if: (A) it is required to do so by law; or (B) you breach the Terms; or (C) our third party supplier suspends, limits or terminates its services.

(iv) Third Party Beneficiary. Eleven Labs Inc. is an intended third party beneficiary of the Terms and may enforce the terms herein directly against the Customer as necessary to protect its interests.

(b) Dubbing Feature. The Dubbing Feature is an Artificial Intelligence powered solution which translates the audio from your video into different languages and synchronizes on-screen lip movements to the translated language, including a fully editable transcript for each language.

(i) License. You hereby grant to Wistia a worldwide, non-exclusive, royalty-free, fully sublicensable, license to host, copy, transmit, display, and otherwise process and use all data, images, video recordings, voice recordings, biometric data, information, text, graphics, or other materials, including without limitation all Personal Data (as defined under applicable data protection laws), for processing on Customer’s behalf in order to translate the audio from your video into the language you have selected and to alter the video so that lip movements of applicable speakers match the translated language. You further grant Wistia the right to distribute such processed audio and video pursuant to the Terms.

(ii) Ownership. Customer will be solely responsible for the accuracy, quality and legality of all data, images, video recordings, voice recordings, biometric data, information, text, graphics, or other materials, including without limitation all Personal Data. The video content, transcripts, translations, and other content generated by resulting from the Dubbing Feature are Customer Content. Wistia or its suppliers owns all right, title and interest in and to the Dubbing Feature. The Dubbing Feature is Services for purposes of the Terms and all terms and conditions of the Terms shall apply to such feature.

(iii) Data Storage. Neither Wistia nor its third party provider stores, retains, or uses biometric data beyond what is necessary to provide the Dubbing Feature and does not use biometric data for any other purpose.

(c) Indemnification. Customer shall defend, indemnify, and hold harmless Wistia and its third party providers from any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Content and output, use of any output, use of the Artificial Intelligence features, including infringement of third party intellectual property or privacy rights, and violation of any applicable laws (including any laws relating to biometric data), or any breach of the Terms.

(d) No Warranty. THE ARTIFICIAL INTELLIGENCE FEATURES IDENTIFIED IN THIS SECTION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WISTIA DOES NOT WARRANT THAT SUCH FEATURES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF SUCH FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL ACCURATELY GENERATE OUTPUT. TO THE FULLEST EXTENT PERMITTED BY LAW, WISTIA HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO SUCH FEATURES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

(e) Limitation of Liability. EXCEPT FOR DEATH, BODILY INJURY OR FRAUD, OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL WISTIA OR ITS SUPPLIERS BE LIABLE CONCERNING THE SUBJECT MATTER OF THE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DIRECT DAMAGES IN EXCESS OF $100.00 IN THE AGGREGATE, EVEN IF WISTIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

11 Changes to AI Features.

We may periodically update this Supplement. We will notify you of any significant changes in advance or as required by law. You can check the “Effective Date” below to see when it was last updated. Wistia may update this AI Supplement as AI technologies evolve.

Material updates may be reflected through updates to the Terms or related policies.