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AI Avatars User Terms

Last modified: April 11, 2024

Please read carefully: this agreement significantly affects your rights, including your ability to file a lawsuit in court or participate in class or representative actions. This section applies to all disputes between you and Vidyard that may arise in relation to the AI Avatars feature, unless you are a consumer (such as in Quebec) and applicable law does not permit mandatory arbitration and wavier clauses.

Your right to create and use Custom Avatars within the AI Avatars feature is subject to your agreement to the following terms. You are agreeing to these terms in your individual capacity, and not as a representative of any organization.

  1. Binding Arbitration and Class Action Waiver: Should disputes arise, you and Vidyard agree to first attempt to resolve them informally for 60 days following the receipt of a Notice of Dispute. If resolution is not achieved, you and Vidyard agree to binding arbitration to be conducted under the Federal Arbitration Act (“FAA”) the American Arbitration Association (“AAA”) if your county of residence is in the United States or under the Arbitration Act (Ontario) (“AAO”) by the ADR Institute of Canada (“ADRIC”) if your country of residence is located in another country. You agree that the International Commercial Arbitration Act, 2017 (Ontario) or other similar laws will not apply. Disputes will be resolved by an arbitrator, whose decision will be final, except for a limited right of review under the FAA or AAO as applicable. Vidyard and you agree not to pursue lawsuits in court in front of a judge or jury. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
  2. Matters Subject to Arbitration: The scope of arbitration encompasses all disputes except those involving Vidyard’s intellectual property rights. The disputes covered by this arbitration requirement and class action waiver include, without limitation, any claims related to your use of the AI Avatars feature within the Vidyard platform (and its associated services, features and functionality), content you upload or generate through the AI Avatars feature within the Vidyard platform, your personal information (including biometric data), your Vidyard account, and any other matter arising out of or relating to this document, Vidyard’s Privacy Policy (available at www.vidyard.com/privacy/ ), or your access to or use of the Vidyard platform, including the validity and enforceability of this agreement to arbitrate, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ copyright, trademarks, trade secrets, or patents.
  3. Small Claims Court Option: Either party may pursue claims in small claims court, provided the claims remain within the court’s limits and seek only individualized relief.
  4. Opt-Out of Arbitration: You may opt-out of arbitration within 30 days of first using the Custom Avatars functionality within the AI Avatars feature or within 30 days of a material update to these Terms, by sending a signed notice to biometrics-privacy@vidyard.com.
  5. Notice of Dispute Requirement: Before initiating arbitration, you must send us a Notice of Dispute to legal@vidyard.com, detailing the dispute and your proposed resolution. You must include “Notice of Dispute” in your subject line. You must include the email address that is associated with your Vidyard account and your residential address.
  6. United States Arbitration Procedure: If you are ordinarily resident in the United States, arbitration will follow the AAA’s Consumer Arbitration Rules. You must submit a completed Demand for Arbitration form to the AAA and email a copy to us. For claims under $25,000, the arbitration may be conducted via telephone or videoconference, unless an in-person hearing is necessary. Any in-person hearing will take place in your county of residence. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties. For more information, see www.adr.org or call 1-800-778-7879. This document governs to the extent it conflicts with any applicable AAA rules. To initiate an arbitration, submit the Demand for Arbitration form available at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf to the AAA. The arbitrator rules on all arbitrability issues, including scope, validity and enforceability of this arbitration agreement, except that a court has exclusive authority: (i) to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration form); (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or on public injunctive relief in arbitration; and (iii) to enjoin an arbitration from proceeding if it does not comply with this Section.
  7. United States Mass Arbitration Process for Related Cases: If you are ordinarily resident in the United States and your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases will be governed by the AAA’s Mass Arbitration Supplementary Rules, as modified by these Terms. For more information, see https://www.adr.org/mass-arbitration or call 1-800-778-7879. Related cases may only be filed in batches of up to 50 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 25 of these Related Cases to be filed and resolved in individual arbitrations under this Section; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 50 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 25 of the Related Cases to be resolved in individual arbitrations under this Section. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations, or unless AAA or an arbitrator appointed by AAA directs otherwise following arbitration of the second batch of Related Cases. A court has exclusive authority to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph
  8. Non-U.S. Arbitration Procedure: If you are not ordinarily resident in the United States, your arbitration will follow the Arbitration Rules of the ADR Institute of Canada, Inc. (or successor organization). You must submit a completed Notice of Request to Arbitrate and email a copy to us. We may then submit the dispute to arbitration by: (a) delivering a Notice of Submission to Arbitration to ADRIC and to you and (b) if ADRIC is administering the arbitration, paying a commencement fee. The seat of arbitration will be Waterloo, Ontario, Canada. The language of the arbitration will be English. For claims under $25,000, the arbitration may be conducted via telephone or videoconference, unless an in-person hearing is necessary. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties. For more information, see www.adric.ca. This document governs to the extent it conflicts with any applicable ADRIC rules. The arbitrator rules on all arbitrability issues, including scope, validity and enforceability of this arbitration agreement.
  9. Non-U.S. Mass Arbitration Process for Related Cases: If you are ordinarily resident outside the United States and your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related cases may only be filed in batches of up to 50 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 25 of these Related Cases to be filed and resolved in individual arbitrations under this Section; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 50 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 25 of the Related Cases to be resolved in individual arbitrations under this Section. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations, or unless ADRIC or an arbitrator appointed by ADRIC directs otherwise following arbitration of the second batch of Related Cases.
  10. Costs: The AAA or ADRIC rules, as applicable, determine the allocation of filing and arbitration fees.
  11. Severability and Jury Trial Waiver: If parts of this section are found unenforceable, remaining claims will still be arbitrated before any court proceedings. If a dispute proceeds in court, both parties waive their right to a jury trial, to the extent permitted by law.