Biometric Data Addendum

This Biometric Data Addendum (“Biometric Addendum”) supplements the Terms of Service or other written or digital agreement entered into by and between the customer identified in the Agreement (“Customer”) and AssemblyAI Inc. (“AssemblyAI”) (“Agreement”). This Biometric Addendum incorporates the terms of the applicable Agreement and any capitalized terms that are used but not defined herein shall have the meanings set forth in such Agreement.

1 This Biometric Addendum shall apply to the extent that Customer opts into a Biometric Feature. Customer acknowledges and agrees that its use and operation of Biometric Features may involve the extraction, generation, creation, collection, possession, processing, use, transfer, disclosure, storage, or deletion (collectively, “Processing”) of speaker embeddings, voiceprints, or similar data that may be deemed to be “biometric information,” “biometric identifiers,” “biometric data,” or similar terms (as applicable, “Biometric Data”) under one or more applicable laws, which may include, but is not limited to, the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, the Washington Biometric Identifier statute, or any other similar laws (collectively, to the extent applicable, “Biometric Data Laws”).

2 By using or operating a Biometric Feature, Customer instructs AssemblyAI to conduct Processing of Biometric Data in accordance with the applicable Agreement. Customer acknowledges and agrees that it is responsible for compliance with Biometric Data Laws, including but not limited to by (a) providing legally adequate notices to all data subjects and obtaining all necessary consents (including informed written consent and explicit consent, where legally required) for such Processing of Biometric Data by AssemblyAI; and (b) instructing AssemblyAI (through means specified by AssemblyAI) to delete Biometric Data where required by law. Any notices provided, or consents obtained, by Customer must be provided and obtained on behalf of Customer and AssemblyAI (identified as a service provider of Customer). Notwithstanding Customer’s obligation to comply with Biometric Data Laws, a sample of notice and consent language that Customer may choose to use is available in our FAQs, available at: https://www.assemblyai.com/legal/biometric-notice-and-consent-faqs.  Customer acknowledges and agrees that (i) such sample language is not legal advice and (ii) AssemblyAI makes no representations, warranties, or covenants as to the appropriateness, sufficiency or accuracy of such sample language, nor that such sample language will comply with all applicable laws, including but not limited to Biometric Data Laws.

3 If Customer does not comply with this Biometric Data Addendum or otherwise fails to comply with all applicable laws, including but not limited to Biometric Data Laws, Customer may not use the Biometric Features. Customer agrees to cooperate with AssemblyAI to confirm Customer’s compliance with all applicable laws, including but not limited to Biometric Data Laws, and this Biometric Data Addendum upon AssemblyAI’s request, including by providing AssemblyAI with verification that Customer has obtained any required consents from data subjects. Customer agrees to defend, indemnify, and hold harmless AssemblyAI, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to any third-party claim concerning Customer’s direct or indirect failure to meet the requirements of this Biometric Data Addendum or comply with applicable laws, including but not limited to Biometric Data Laws.