This Playground Use Terms (“<u>Playground TOU</u>”) forms an agreement between AssemblyAI, Inc. (“<u>AssemblyAI</u>", “<u>Us</u>”, “<u>We</u>”, "<u>Our</u>”) and you as an individual, or the organization, company, or other entity that you represent (“<u>Customer</u>”, “<u>You</u>", “<u>Your</u>”, “<u>Yours</u>”). Each party to this Playground TOU may be individually referred to as a “Party” and collectively as the “Parties”.

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This Playground TOU applies to the Playground (as defined below) as made available to You through any means by AssemblyAI. You may not enter into this Playground TOU on behalf of an organization, company, or entity unless you have the legal authority to bind that entity.

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You agree to this Playground TOU effective on the earliest date that You access or use the Playground (“<u>Effective Date</u>”).

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AssemblyAI may revise or remove any part of this Playground TOU in its sole discretion at any time without prior notice to You, except where legally prohibited or otherwise agreed in writing by the Parties. Your continued use after a modification has been posted constitutes Your acceptance of the change.

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1.<span class="indent">&nbsp;</span>DEFINITIONS

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1.1<span class="indent"></span>“<u>Acceptable Use Policy</u>” or “<u>AUP</u>” means the policy covering permitted and prohibited uses of the Platform, herein incorporated in its entirety, provided by AssemblyAI and available at https://www.assemblyai.com/legal/acceptable-use-policy.

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1.2<span class="indent"></span>“<u>Data Protection Laws</u>” means all privacy and other data protection laws and regulations applicable to a Party’s Processing of Personal Data under this Playground TOU.

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1.3<span class="indent"></span>“<u>Personal Information</u>” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable natural person or particular household.

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1.4<span class="indent"></span>“<u>Platform</u>” is a cloud-based transcription, real-time streaming, and audio intelligence platform comprised of several products, developed by AssemblyAI, and provided to Customer pursuant to this Playground TOU. Third-party hosting services used by AssemblyAI and software tools and code libraries incorporated into the Platform, and not separable from it by Customer, are deemed to be part of the Platform. Other products, services, software tools, or code libraries, are not part of the Platform.

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1.5<span class="indent"></span>“<u>Playground</u>” means a test environment provided, or made accessible, by AssemblyAI enabling You to Process information through functions from the Platform.

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1.6<span class="indent"></span>“<u>Process</u>” or “<u>Processing</u>” means any operation or set of operations which is performed on Personal Information in connection with and for the purposes of the provision of Your use of the Playground, whether or not accomplished by automatic means, including but not limited to collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction; and as defined by Data Protection Laws.

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1.7<span class="indent"></span>“<u>Sensitive Data</u>” means (a) social security number, tax file number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, credit, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, information about sexual life or sexual orientation, or criminal record; (e) account passwords; or (f) other information that falls within the definition of "special categories of data" or "special personal information" under applicable Data Protection Laws.

2.<span class="indent">&nbsp;</span>TERMS

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2.1<span class="indent"></span>Any use by You of the Playground is subject to the AUP, but not subject to the AssemblyAI Terms of Service available at https://www.assemblyai.com/legal/terms.

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2.2<span class="indent"></span>Pertaining to Your use of the Playground, AssemblyAI provides no indemnities; service-level commitments; representations or warranties (express or implied), including warranties of merchantability, title, non-infringement, or fitness for any particular purpose. Your access to and use of the Playground is entirely at Your own risk. You assume all risk and responsibility with respect thereto. In no event will AssemblyAI be liable for any such use or damages whatsoever arising out of or related to the use of or access of the Playground. You are hereby advised to safeguard important data, use caution when accessing or using Playground, and not to rely on in any way the correct functioning or performance of the Playground.

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2.3<span class="indent"></span>AssemblyAI will have the right to collect, aggregate, and analyze any information entered or submitted into the Playground, and disclose and use such information (and any derivatives thereof) for AssemblyAI’s own internal or other business purposes, including without limitation the further development of the Platform or other AssemblyAI products and services, benchmarking, or training of AssemblyAI’s models.

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2.4<span class="indent"></span>You shall not knowingly provide (or cause to be provided) any Personal Information or Sensitive Data to AssemblyAI or Process such information in your use of the Playground. AssemblyAI will not be liable for the Processing of such Personal Information or Sensitive Data, whether in connection with a security incident or otherwise.  

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2.5<span class="indent"></span>This Playground TOU comprises the entire agreement between the Parties with respect to its subject matter and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations, and agreements, both oral and written. No oral or written information or advice given by AssemblyAI or its agents or employees create any warranty or in any way increase the scope of the warranties in this Playground TOU. You may not assign or transfer any rights or obligations under this Playground TOU without AssemblyAI’s consent; AssemblyAI retains the right and ability to assign or transfer any rights or obligations under this Playground TOU without Your consent. This Playground TOU is governed by the laws of the State of California, exclusive of its rules governing choice of law and conflict of laws. Failure or delay by either Party to enforce any provision of this Playground TOU will not be deemed a waiver of future enforcement of that or any other provision. The Parties acknowledge that a breach of this Playground TOU may result in irreparable and continuing harm for AssemblyAI, which no adequate remedy at law exists, and that AssemblyAI will be entitled to seek injunctive relief, a decree for specific performance, and/or such other equitable relief as may be appropriate (including monetary damages). Except as otherwise set forth herein, all notices, demands, waivers, or other communications required or permitted under this Playground TOU (collectively, “<u>Notices</u>”) must be in writing, and deemed effective if sent to You from legal@assemblyai.com, or three days after Your submission to and receipt by legal@assemblyai.com.The Section or other provision titles in this Playground TOU are for convenience of reference only and do not in any manner affect the construction or meaning of anything herein contained or govern the rights or liabilities of the Parties hereto. The words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation”. The word “or” is not exclusive. The words “herein,” “hereof,” “hereto,” and “hereunder” refer to this Playground TOU as a whole. In the event that any provision of this Playground TOU is determined to be illegal or unenforceable, that provision will be limited or eliminated such that this Playground TOU will otherwise remain in full force and effect and enforceable.

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