Audio Generation Feature Supplement
The following supplemental terms (“Supplement”) constitute a supplement to the Terms by and between Customer and Wistia and govern Customer’s use of the Wistia audio generation feature (“Audio Generation Feature”). Terms not defined herein have the meaning ascribed to them in the Terms.
YOUR RIGHT TO USE THE AUDIO GENERATION FEATURE IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THIS SUPPLEMENT. BY USING THE AUDIO GENERATION FEATURE, YOU UNCONDITIONALLY CONSENT TO BE BOUND BY AND ARE BE SUBJECT TO THIS SUPPLEMENT. IF YOU ARE ACCESSING THE AUDIO GENERATION FEATURE 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 AGREEMENT AND MAY NOT USE THE AUDIO GENERATION FEATURES.
1. 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.
2. 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’s use of the Audio Generation Feature is subject to the Wistia Acceptable Use Policy available at wistia.com/terms/supplemental/wistia-acceptable-use-policy and the Audio Generation Supplemental Acceptable Use Policy available at wistia.com/terms/supplemental/audio-generation-supplemental-aup.
(c) Customer shall not provide any input into the Services (“Input”) that includes (i) 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 (ii) 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.
(d) Customer will not and will not permit any third parties to (i) use data, content, or material generated by the Services (“Output”) to develop artificial intelligence models that compete with Wistia’s or its third party provider’s products and services or (ii) reverse engineer (defined below) any aspect of the Services or the systems used to provide the Services.
(e) Customer is solely responsible for ensuring that Input and Output complies with all applicable laws and does not infringe or misappropriate any third-party rights, including intellectual property, publicity, or personality rights.
3. 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 Input 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, Input as permitted under the Agreement; 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 Input, to permit the inclusion, creation and use of such Input and Output.
4. 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 Input and Output, use of any Output, use of the Audio Generation 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 this Supplement or the Agreement.
5. No Warranty.
THE AUDIO GENERATION FEATURE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WISTIA DOES NOT WARRANT THAT THE AUDIO GENERATION FEATURE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE FEATURE 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 THE AUDIO GENERATION FEATURE, 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.
6. 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 THIS SUPPLEMENT, 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 AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
7. 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 Agreement, this Supplement or the Audio Generation Supplemental Acceptable Use Policy; or (c) our third party supplier suspends, limits or terminates its services.
8. Governance.
All other terms set forth in Wistia’s Terms govern your use of the Audio Generation Feature. To the extent there is an express inconsistency between the two documents, this Supplement will prevail.
9. Third Party Beneficiary.
Except as explicitly set forth in this Supplement, no third party shall have any rights or obligations under this Supplement. Notwithstanding the foregoing, Eleven Labs Inc. is an intended third party beneficiary of this Supplement and may enforce the terms herein directly against the Customer as necessary to protect its interests.
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.
Effective Date: