Audio Generation Supplemental Acceptable Use Policy
This Audio Generation Acceptable Use Policy (“Policy”) supplements the Wistia Terms of Service (“Terms of Service”), the Wistia Acceptable Use Policy and the Audio Generation Feature Supplement and applies to your access and use of our Audio Generation Feature, including any Inputs you provide and Outputs you create. It also applies to your use within and outside our Website, our Services and the Audio Generation Feature, whether directly or indirectly, as well as any attempts to engage in such use. Capitalized but undefined terms used herein have the meanings set forth in the Terms of Service and the Audio Generation Feature Supplement.
Prohibited Uses
1. Do not use the Services or the Audio Generation Feature to facilitate activities that may significantly affect the wellbeing of others.
For example, this includes accessing or using our Services or the Audio Generation Feature to:
(a) Engage in or facilitate the use, acquisition, or exchange of regulated drugs or other controlled goods and services, including advertising, medical advice, or providing instructions on their production, without our prior written authorization in each instance. This includes without limitation the marketing or provision of alcohol, tobacco products, controlled substances, prescription medications, recreational drugs, supplements, herbal remedies, and medical devices.
(b) Provide tailored professional advice without (i) a qualified professional in that field reviewing the Output before it is made available to a consumer or the general public, and (ii) clear disclosure regarding the use and limitations of artificial intelligence “AI”. This includes without limitation:
- Financial advice or services, including lending services and cryptocurrency trading;
- Legal services, including the issuance of legal interpretations or guidance; and
- Health or medical advice, including diagnosis, treatment, and mental health services.
Use of our Services or the Audio Generation Feature to provide tailored professional advice necessitates maintaining a qualified professional in the loop.
(c) Facilitate real-money gambling activities or pay day lending.
(d) Engage in or facilitate high-stakes automated decision-making which may affect an individual’s wellbeing.
To request approval per (a) above, please contact us at support@wistia.com. Customers/users shall ensure all such uses comply with applicable law.
2. Do not engage in unauthorized, deceptive or harmful impersonation.
For example, this includes creating or using Output to intentionally replicate the voice of another person:
(a) without consent or legal right, including to take unauthorized action on behalf of such individual;
(b) in a way that harasses or causes harm to that person, including via unauthorized sexualization;
(c) in a manner intended to deceive others about whether the voice was generated by artificial intelligence.
3. Do not engage in voter suppression, candidate impersonation, or political campaigning in the context of elections:
For example, this includes accessing or using our Services or the Audio Generation Feature to:
(a) Incite, engage in, or facilitate voter suppression or other disruption of electoral or civic processes, including by creating, distributing, or facilitating the spread of misleading information.
(b) Impersonate political candidates or elected government officials, regardless of whether authorization was obtained.
(c) Engage in political campaigning, including promoting or advocating for a particular candidate, issue, or position, or soliciting votes or financial contributions.
4. Do not use our Services or the Audio Generation Feature in any manner contrary to the following.
This includes:
(a) Selling, reselling, renting, leasing, loaning, assigning, distributing, performing, licensing, sublicensing or commercially using or exploiting any Output (or any portion thereof) on a standalone basis for any purpose, including as isolated files, audio samples, music or sound, libraries, or other collections of sounds.
(b) Modifying our Services or the Audio Generation Feature, removing any proprietary rights notices or markings associated with Output or our Services or the Audio Generation Feature, or otherwise making any derivative works based upon our Services or the Audio Generation Feature.
(c) Using any part of our Services, the Audio Generation Feature or the Output as input for any machine learning or training of artificial intelligence models.
(d) Using any part of our Services, the Audio Generation Feature or the Output as part of a dataset that may be used for training, fine-tuning, developing, testing, or improving any machine learning or artificial intelligence technology.
(e) Making any use of our Services, the Audio Generation Feature or the Output in ways that would be classified as “prohibited” or “high-risk” or by a similar description under applicable law, including Applicable AI Laws. “Applicable AI Laws” means applicable legislation or regulations related to artificial intelligence and/or automated decision-making, including the European Union’s Artificial Intelligence Act, Regulation (EU) 2024/1689. While Wistia may review a customer’s proposed use case for the Services or the Audio Generation Feature, customers/users are nevertheless responsible for: (i) as a deployer, independently conducting an analysis of their classifications under Applicable AI Laws; and (ii) otherwise ensuring compliance with all other laws to which they are subject.
(f) Using our Services or the Audio Generation Feature if you are a Government Entity or otherwise making our Services or the Audio Generation Feature available to a Government Entity without our prior written authorization. “Government Entity” means any federal, state, provincial, regional, municipal, or local government or governmental body, authority, or agency. For the avoidance of doubt, this definition includes (i) any supranational, intergovernmental, or international organizations, as well as any entities or subdivisions thereof that exercise governmental, regulatory, or administrative functions or powers, whether within the United States or any other country or jurisdiction; and (ii) any government-owned or -controlled corporations, enterprises, or organizations that are wholly or partially owned by a government entity and that perform public or governmental functions.
Enforcement
Enforcement of this Policy is at Wistia’s sole discretion, and any failure of Wistia to enforce this Policy in every instance does not constitute a waiver of our right to enforce it in other instances. This Policy does not create any right or private right of action on the part of any third party or any reasonable expectation that our Services or the Audio Generation Feature will not contain any material that is prohibited by this Policy or that objectionable material will be promptly removed after it has been posted. We use a combination of automated systems, user reports, and human review to assess material and usage that may violate this Policy. For users who violate this Policy, we may remove the violating material, and/or suspend your access to and use of our Services or the Audio Generation Feature. For certain material that poses a real-world risk of harm, we reserve the right to contact or cooperate with relevant law enforcement authorities.
We encourage you to report any suspected abuse and misuse to Wistia at abuse@wistia.com.
Updates to this Policy
We may periodically update this Policy. 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: