AI Rider

This AI Rider is an annex to the Creator Agreement and forms part of it. It applies to every Creator who holds an account on the Platform, without exception and without any need for a Creator to request it, and it applies to every recording a Creator creates, uploads, or delivers through the Platform.

The commitments in this Rider are undertakings given by Vocograph. They bind Vocograph upon their publication on the Platform. The Creator's acceptance of this Rider is recorded at onboarding so that the Creator is able to demonstrate which version of these commitments was in force at any given time. The Creator gives no undertaking and assumes no obligation under this Rider.

In this Rider, "recording" means any audio file, performance, or other capture of the Creator's voice created, uploaded, or delivered through the Platform, together with any copy, excerpt, derivative work, or transcoded version of it held by Vocograph or by any service provider engaged by Vocograph. Capitalised terms used in this Rider and not defined in it have the meanings given to them in Section 1 of the Creator Agreement.

This Rider imposes no obligation on the purchasing fan, whose use of a delivered recording is governed by Section 8 of the Terms of Service, which prohibits redistribution, derivative works, the use of the recording to train, clone, or synthesise any voice or voice model, and commercial exploitation. Vocograph cannot control what a fan does with a recording once that fan holds a copy of it.

Vocograph shall not use any recording, or any portion of any recording, for any purpose other than the following: storing, hosting, encoding, compressing, transcoding, transmitting, streaming, and delivering the recording to the purchasing fan in fulfilment of the applicable order; embedding within the delivered file the metadata described in Section 7 of the Creator Agreement; reproducing, displaying, and communicating the recording to the public as part of a collectible, where and for so long as the Creator has authorised public availability under Section 7 of the Creator Agreement; content moderation, dispute resolution, chargeback defence, and enforcement of the Terms of Service, as described in Section 6 of the Privacy Policy; and compliance with a legal obligation, court order, warrant, subpoena, or request of a competent authority. This list is exhaustive and stands independently of the Creator Agreement. An amendment to Section 7 of the Creator Agreement that permits a further purpose does not permit that purpose under this Rider unless this Section is itself amended in accordance with Section 6 of this Rider.

Without limiting the generality of the preceding paragraph, Vocograph shall not use any recording, or any portion of any recording, to train, fine-tune, or otherwise develop any artificial intelligence model, machine learning system, speech synthesis system, text-to-speech system, speech-to-speech system, or voice conversion system, whether that system is operated by Vocograph or by any other person, and shall not use any recording as training, validation, evaluation, or benchmarking data for any such model or system.

Vocograph shall not extract, derive, store, or process any voiceprint, biometric template, speaker embedding, or other mathematical or algorithmic representation of the measurable characteristics of the Creator's voice from any recording, and shall not perform voiceprint analysis, speaker recognition, or biometric identification of any kind on any recording. This restates the acknowledgment given in Section 20 of the Creator Agreement.

Vocograph shall not use any recording to simulate the Creator's voice or likeness, and shall not create, commission, or assist in the creation of any synthesised, cloned, or digitally doubled voice or likeness of the Creator.

Vocograph shall not use any recording to create, or to contribute to the creation of, any blended, composite, aggregated, or averaged voice. This prohibition applies even where the resulting voice is not recognisable as the Creator, and even where no individual output of the resulting voice can be attributed to the Creator's recordings. What is prohibited is the inclusion of data derived from the Creator's recordings in the resulting voice, not the recognisability of the result.

Vocograph shall not generate any audio presented as the Creator's voice that the Creator did not perform, and offers no feature by which such audio can be generated on the Platform. Speech that a Creator did not personally perform is prohibited by Section 9 of the Creator Agreement, and Vocograph will act on any recording that breaches that Section in accordance with Section 14 of the Terms of Service once it becomes aware of it. Nothing in this Section imposes on Vocograph a general obligation to monitor recordings, and nothing in this Section restricts the Creator's own processing of the Creator's own performance, which is governed by Section 9 of the Creator Agreement.

Vocograph shall not sell, licence, assign, or otherwise transfer ownership of or rights in any recording, in whole or in part, to any third party for the purpose of that third party using the recording for artificial intelligence or machine learning, including text-to-speech, speech-to-speech, voice conversion, or the training or development of any model of any kind.

Vocograph shall not enter into any agreement or contract on the Creator's behalf, and shall not purport to grant any right on the Creator's behalf, in respect of any use of any recording for artificial intelligence or machine learning. The licence the Creator grants Vocograph under Section 7 of the Creator Agreement is non-exclusive and confers no such authority, and nothing in this Rider or elsewhere shall be construed as conferring it.

This Section does not prevent Vocograph from engaging service providers that store, transmit, or process recordings strictly in order to perform the functions described in Section 2 of this Rider, and which are contractually restricted from using recordings for their own purposes. The service providers Vocograph engages are identified in Section 5 of the Privacy Policy. Vocograph shall not knowingly engage any service provider that reserves the right to use recordings to train or develop artificial intelligence or machine learning systems, and where a service provider Vocograph has engaged adopts such a right, Vocograph shall cease transferring recordings to that provider and shall migrate away from it without undue delay.

Vocograph shall not transfer any recording to any affiliate, successor, acquirer, or assignee, whether by assignment of the Creator Agreement, merger, corporate reorganisation, or sale or transfer of all or substantially all of Vocograph's business or assets, unless that person is bound by this Rider in respect of every recording transferred. Section 21 of the Creator Agreement permits assignment of that Agreement without the Creator's prior consent, and Section 5 of the Privacy Policy permits disclosure in connection with such a transaction; neither permits the transfer of any recording free of this Rider.

Vocograph shall use good faith efforts to prevent unauthorised third-party access to any recording held in digital form.

Recordings are stored on Cloudflare R2 with encryption at rest, and all transmission of recordings between the Creator's device, the Platform, and the purchasing fan is encrypted in transit using Transport Layer Security. Access to stored recordings is limited to the purchasing fan, through the Platform's delivery interface, and to Vocograph personnel for the purposes of content moderation, dispute resolution, and enforcement of the Terms of Service. Section 15 of the Privacy Policy describes Vocograph's security measures in full, including breach notification.

Where Vocograph changes its storage provider or storage architecture, Vocograph shall use storage offering encryption at rest or equivalent up-to-date technological protection against unauthorised third-party access. Vocograph does not represent that its security measures are impenetrable. This Section is an undertaking as to the efforts and standards Vocograph will apply, and is consistent with the disclaimer in Section 15 of the Privacy Policy.

These commitments restate and supplement obligations set out in Sections 7 and 20 of the Creator Agreement and in Section 6 of the Privacy Policy. Where this Rider conflicts with any provision of the Creator Agreement, the Terms of Service, or the Privacy Policy, this Rider controls. Nothing in this Rider reduces any right the Creator holds under those documents. This Rider is annexed to the Creator Agreement pursuant to Section 3 of that Agreement, and forms part of it for the purposes of Section 21 of that Agreement.

This Rider does not alter the licence the Creator grants Vocograph under Section 7 of the Creator Agreement, the Creator's retained copyright ownership in each recording, or the personal use licence granted to the purchasing fan. It constrains the purposes for which Vocograph may use recordings; it does not enlarge them.

Vocograph may amend this Rider only in accordance with Section 19 of the Creator Agreement. Any amendment that reduces or qualifies a commitment given in this Rider is a material amendment for the purposes of that Section, and takes effect only after the notice period that Section requires.

The limitation of liability in Section 16 of the Terms of Service does not apply to a claim arising from Vocograph's breach of Section 2, Section 3, or Section 4 of this Rider, and Section 3 of the Creator Agreement is qualified accordingly. That limitation continues to apply to a claim arising under Section 5 of this Rider, which is an undertaking as to the efforts and standards Vocograph will apply and not a guarantee against the acts of third parties.