Dubbing 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 dubbing feature (“Dubbing Feature”). Terms not defined herein have the meaning ascribed to them in the Terms.
YOUR RIGHT TO USE THE DUBBING FEATURE IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THIS SUPPLEMENT. BY USING THE DUBBING FEATURE, YOU UNCONDITIONALLY CONSENT TO BE BOUND BY AND ARE BE SUBJECT TO THIS SUPPLEMENT. IF YOU ARE ACCESSING THE DUBBING 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 DUBBING FEATURES.
1. 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.
2. 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.
3. 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 (as defined under applicable data protection laws). 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.
4. 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.
5. Acceptable Use.
Your use of the Dubbing Feature is subject to the Wistia Acceptable Use Policy available at https://wistia.com/terms/supplemental/wistia-acceptable-use-policy and the Supplemental Acceptable Use Policy available at https://wistia.com/terms/supplemental/dubbing-feature-supplemental-aup.
6. Indemnification.
You shall 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 use of the Dubbing Features, including infringement of third party intellectual property or privacy rights, and violation of any applicable laws (including any laws relating to biometric data).
7. No Warranty.
THE DUBBING FEATURE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WISTIA DOES NOT WARRANT THAT THE DUBBING FEATURE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE FEATURE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL ACCURATELY DUB THE VIDEO OR MATCH LIP MOVEMENTS OF SPEAKERS. 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 DUBBING 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.
8. 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.
9. Governance.
All other terms set forth in Wistia’s Terms govern your use of the Dubbing Feature. To the extent there is an express inconsistency between the two documents, this Supplement will prevail.