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Addendum To WorkCast Terms and Conditions: AI Content Generation Service

Effective Date: February 21, 2025

This Addendum supplements and forms part of the WorkCast Terms and Conditions (available at https://info.workcast.com/terms-conditions) and applies to your use of the WorkCast AI Content Generation Service (the “AI Service”). By using the AI Service, you agree to be bound by this Addendum in addition to the standard Terms and Conditions. Capitalized terms not defined herein shall have the meanings set forth in the Terms and Conditions. In case of conflict between this Addendum and the Terms and Conditions, this Addendum shall prevail with respect to the AI Service.

1. Description of the AI Service

The AI Service enables customers to generate new content (e.g., summaries, derivative works, or other outputs) by processing Customer-provided materials, including live webinar or webcast presentations, uploaded slides, videos, and other data entered by you (“Customer Content”), through a third-party artificial intelligence platform provided by OpenAI (the “AI Provider”). The generated content (“AI-Generated Content”) is made available to you via the WorkCast platform.

2. Customer Content License and Consent

2.1 Grant of License: By submitting Customer Content to the AI Service, whether through live presentations or uploaded materials, you grant WorkCast and its subprocessors (including the AI Provider) a worldwide, non-exclusive, royalty-free, fully paid-up license to access, process, reproduce, adapt, and transform such Customer Content solely for the purpose of providing the AI Service and generating AI-Generated Content for your use.

2.2 Retention: This license terminates when the AI Service completes processing your Customer Content, except as required to comply with applicable law or as outlined in Section 7 of the Terms and Conditions (Data Retention).

2.3 Live Presentations: For live webinars or webcasts, you acknowledge that real-time audio, video, or other data presented by you may be processed by the AI Service as Customer Content.

2.4 Explicit Consent & Data Privacy: By enabling the AI Service, you explicitly consent to your Customer Content being processed by OpenAI, including transfers to the United States or other jurisdictions where OpenAI operates, subject to their terms and applicable data protection laws. WorkCast and its subprocessors, including OpenAI, process Customer Content in compliance with applicable data protection laws, including but not limited to GDPR, UK GDPR, and the UK-U.S. Data Bridge.

3. Representations and Warranties

3.1 You represent and warrant that:
(a) You own or have obtained all necessary rights, licenses, consents, and permissions to use and submit the Customer Content to the AI Service;
(b) The Customer Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, or other rights of any third party;
(c) Your use of the AI Service complies with all applicable laws, regulations, and third-party terms (e.g., platforms hosting your uploaded materials); and
(d) Customer Content contains no third-party copyrighted material unless you have obtained prior written consent or a valid license for its use in the AI Service.

3.2 WorkCast does not verify the ownership or legality of Customer Content and relies on your representations under this section.

4. Ownership and Use of AI-Generated Content

4.1 Ownership: Subject to the underlying rights in the Customer Content and applicable law, you retain ownership of the AI-Generated Content, as assigned by the AI Provider’s terms. WorkCast claims no ownership over AI-Generated Content.

4.2 Use: You may use AI-Generated Content for any lawful purpose, provided such use complies with this Addendum, the Terms and Conditions, and the AI Provider’s policies (available at https://openai.com/policies).

4.3 No Guarantee & Accuracy Disclaimer: AI-Generated Content is provided on an "as-is" basis and may contain factual inaccuracies or unintended biases. WorkCast does not guarantee that AI-Generated Content will be original, non-infringing, or free from errors, as it depends on the Customer Content and the AI Provider’s technology. Users are responsible for reviewing AI-Generated Content before reliance or publication and ensuring compliance with applicable intellectual property laws.

5. Third-Party AI Provider

5.1 The AI Service relies on OpenAI’s API, governed by OpenAI’s Business Terms and Usage Policies. You acknowledge that:
(a) OpenAI may process Customer Content as a subprocessor to generate AI-Generated Content;
(b) OpenAI’s use of Customer Content is subject to its own terms, which WorkCast does not control;
(c) OpenAI does not use Customer Content submitted through its API to train or improve its models;
(d) WorkCast is not liable for OpenAI’s actions or any changes to its services; and
(e) Data processed by OpenAI is subject to applicable data protection frameworks, including the UK-U.S. Data Bridge or equivalent mechanisms for international transfers.

5.2 A Data Processing Agreement (DPA) detailing OpenAI’s role as a subprocessor is available upon request and incorporated into these terms by reference.

6. Indemnification

6.1 You agree to indemnify, defend, and hold harmless WorkCast from and against any claims, liabilities, damages, losses, or expenses arising out of or related to:
(a) Your Customer Content, including any allegation that it infringes third-party rights;
(b) Your breach of this Addendum or the Terms and Conditions; or
(c) Your use of AI-Generated Content in violation of applicable law or third-party rights.

7. Limitation of Liability

7.1 WorkCast shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the AI Service, including but not limited to claims related to the accuracy, legality, or quality of AI-Generated Content.

7.2 WorkCast’s total liability for direct damages related to the AI Service shall not exceed the fees paid by you for the AI Service in the preceding 12 months, unless otherwise required by mandatory law.

8. Termination

8.1 WorkCast may suspend or terminate your access to the AI Service if you breach this Addendum, in addition to the termination rights under Section 12 of the Terms and Conditions. Where feasible, WorkCast will provide reasonable prior notice before suspending or terminating access to the AI Service.

8.2 Upon termination, WorkCast will cease processing your Customer Content through the AI Service, subject to any retention obligations under applicable law.

9. Compliance with Applicable Law

9.1 You acknowledge that your use of the AI Service must comply with all applicable laws, including copyright, data protection, and consumer protection laws in your jurisdiction.

10. Feedback and Dispute Resolution

10.1 Users who believe AI-Generated Content violates their rights or applicable laws may contact WorkCast support at [support email] for review and resolution.

11. General Provisions

This Addendum follows the same governing law, severability, and amendment provisions as the WorkCast Terms and Conditions.