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Additional Terms

Artificial Intelligence

These 3Play Media Additional Terms are hereby incorporated into the 3Play Media Master Services Agreement (the “Agreement”) or other applicable governing document between 3Play Media, Inc., together with its Affiliates (collectively, “3Play Media”), and the entity or individual identified in the Order (“Customer”). Capitalized terms used and not otherwise defined herein have the meanings ascribed to them in the Agreement. 

For a subset of work performed by Accessibility Service Professionals, 3Play Media uses artificial intelligence (“AI”) and related technologies in its workflows to perform and optimize its services. For example (for illustration purposes only), automatic speech recognition (ASR) is used to assist Accessibility Service Professionals (ASPs) in generating Deliverables, Machine Learning optimizes Deliverables to decrease the human editing required to meet quality standards, and synthesized voices are used in text-to-speech applications for audio description and dubbing services. The following describes the ways in which 3Play Media manages responsible AI implementation across its Services.

  1. Training Models. 3Play Media does not allow Source Materials or Deliverables to be used by third parties to train, develop, test, or improve any public large language models (LLMs). 
  2. Record Retention. 3Play Media enables customers to set customized record retention policies. 3Play Media also adopts the most restrictive record retention policies available with respect to data stored with third-party vendors. 3Play Media documents and consistently enforces retention periods.
  3. Third Party Vendors. All of 3Play Media’s third-party AI vendors that have access to Source Materials or Deliverables are treated as subprocessors under applicable data protection laws. 3Play Media maintains contractual relationships with, oversight over, and responsibility for all such Subprocessors.
  4. AI Voices. AI voices, also known as synthetic voices, are generated by AI to mimic human speech. 3Play Media will only use AI Voices upon Customer request. 3Play Media offers three categories of AI voices: Library, Cloned, and Designed.
    1. Library Voices
      1. Definition. Library Voices are out-of-the-box, pre-existing voices that 3Play Media makes available on the 3Play Media Platform or through its Services. Library Voices may be licensed from third parties or created by 3Play Media using AI or other technology. 
      2. Ownership. 3Play Media or its vendors retain ownership of, and all rights in and to, Library Voices. No ownership rights are transferred to Customer in any 3Play Media or third-party voice model, system, or technology used to generate Deliverables.
      3. Obligations. 3Play Media obtains the required licenses for Library Voices.  Library Voices do not infringe or violate any third-party privacy, publicity, or intellectual property rights. 
      4. License; Restrictions on Use. Customers are granted a limited, nonexclusive, worldwide, royalty-free license to use Library Voices solely in connection with the Deliverables.
    2. Cloned Voices
      1. Definition. Cloned Voices are AI voices generated based on original human voices that appear in Customer’s Source Materials. Cloned Voices are custom-created for Customers, at the Customer’s specific request. 
      2. Ownership. As between Customer and 3Play Media, Customer owns the Cloned Voices. Customer grants 3Play Media a limited, nonexclusive, worldwide, royalty-free license to use Cloned Voices in order to provide the Deliverables and to improve its services.
      3. Obligations. Customer is solely responsible for obtaining all rights, consents, and releases necessary to authorize the creation and use of Cloned Voices, including any rights of privacy, publicity, and intellectual property in the original voice. Customer represents and warrants that such rights and releases have been obtained and agrees to indemnify and hold harmless 3Play Media and its providers from any claims arising out of or relating to the use of a Cloned Voice. 3Play Media will create and use Cloned Voices only as instructed by Customer and makes no representations or warranties regarding the legality or suitability of such voices. 
      4. Restrictions on Use. 3Play Media will not commercialize an original human voice from Source Materials or a Cloned Voice on a standalone basis.
    3. Designed Voices
      1. Definition. Designed Voices are AI voices generated using prompts based on the creative direction provided by Customer. Designed Voices are custom-created for Customers, at the Customer’s specific request.  
      2. Ownership. No ownership rights are transferred to Customer in any 3Play Media or third-party voice model, system, or technology used to generate Deliverables.
      3. Obligations. Any prompt generated by 3Play Media will comply with applicable law. 3Play Media will create and use Designed Voices only as instructed by Customer and makes no representations or warranties regarding the legality or suitability of such voices, including that the voices do not sound like any identifiable individual. Customer represents and warrants that its use of Designed Voices will not infringe, misappropriate, or otherwise violate any third-party rights.
      4. Restrictions on Use. Customers are granted a limited, nonexclusive, worldwide, royalty-free license to use Designed Voices solely in connection with the Deliverables. 
  5. Ownership of Source Materials and Deliverables. Ownership of Source Materials and Deliverables is defined in the Agreement.
  6. Regulatory Compliance. 3Play Media complies with all applicable privacy and AI laws and regulations, including the EU AI Act. 3Play Media cooperates with Customers’ compliance with AI transparency regulations.
  7. Internal Training. 3Play Media designs and requires training, education, and documentation of competency to promote AI literacy among its staff.
  8. Predictive Accuracy Scoring. 3Play Media may provide estimates about the expected accuracy of Stand-Alone AI Features (defined below), to help Customers prioritize the upgrading of content to workflows involving Accessibility Service Professionals or other human review.  3Play Media makes no representations or warranties as to the accuracy, completeness, or suitability of the estimates.  Customers rely on the estimates at their own sole discretion and risk.  
  9. Stand-Alone Artificial Intelligence
    1. Stand-Alone AI Features. 3Play Media may make available certain features or services that allow Customers to use technologies such as artificial intelligence and machine learning without the participation of an Accessibility Services Professional (collectively, “Stand-Alone AI Features”). Stand-Alone AI Features include, by way of example, ASR, Machine Translation, Audio Description (when not combined with a human-in-the-loop), and Summarization. 
    2. Evaluation of Outputs. As with all artificial intelligence: (i) AI outputs may be the same or similar to those generated for other users; (ii) AI outputs may be inaccurate, infringing, or otherwise unsuitable to Customer’s use. Customers should, and are solely responsible for, evaluating AI outputs for accuracy, general suitability, compliance with laws and third party rights, and compliance with required AI-related notices.  
    3. Ownership. As between the parties, Customer owns the AI outputs. However, Customer acknowledges that, due to the nature of AI-produced content, it may not be able to claim or enforce intellectual property rights in or to those outputs. 
    4. Disclaimers; Assumption of Risk. In addition to the disclaimers set forth in the Agreement, AI outputs are provided “as-is” and without warranty. Customer assumes all risk associated with its use of the Stand-Alone AI Features and the resulting AI outputs; 3Play Media has no liability for any such use. AI outputs are provided without any representation or warranty as to accuracy, non-infringement, or compliance with Accessibility Standards. 
  10. Third Party AI Terms. If Anthropic, ElevenLabs, or OpenAI are used in the provision of AI services, the following terms will be incorporated into this agreement, as applicable: Anthropic Terms and Conditions, ElevenLabs Platform Terms and Conditions, and OpenAI Terms and Conditions.

These terms shall be legally binding and incorporated into the Agreement between 3Play Media and Customer.