Last Revised: February 4, 2025
Introduction
The terms below are the Third Party Materials pass-through terms which Customer agrees to if it elects to use the applicable Third Party Materials in connection with its use of the SundaySky Platform (references include the related app). SundaySky makes the Third Party Materials available to you on the terms (each the “Third Party Terms”) provided to SundaySky by the applicable provider (the “Third Party Provider”), and which in many cases are the same terms you would receive if you contracted directly with the Third Party Provider. These terms apply to and govern use by each Customer and its Users of the relevant Third Party Materials and a breach of any Third Party Terms is a breach of the Agreement. Third Party Materials which as of the date of this document use artificial intelligence are noted with an asterisk below (*).
If Customer believes it has a claim under the applicable Third Party Terms arising from your permitted use of the Third Party Materials governed by those Third Party Terms with the SundaySky Platform or App, Customer must give SundaySky prompt written notice of that claim. SundaySky will use reasonable efforts to seek indemnification from the applicable Third Party Provider on Customer’s behalf at Customer’s expense and will pass through to Customer the indemnification (if any) SundaySky receives from the Third Party Provider in respect of such claim. The foregoing is SundaySky’s sole obligation and liability to you in connection with Third Party Materials. SundaySky makes no representations or warranties regarding any Third Party Materials or Customer’s use thereof, and SundaySky reserves the right to discontinue making any or all Third Party Materials available to Customer as part of the SundaySky Platform and/or App at any time.
Customer understands and agrees that the terms are presented electronically through the Platform and that they may be updated during the Term, when and if the Third Party Provider implements such changes.
Getty Images
Relevant SundaySky Platform Components: Media Library, AI Copilot
SundaySky provides You with the limited, non-exclusive, non-transferable, non-assignable, worldwide right to use the SundaySky Platform to incorporate Getty Content with other content provided by SundaySky and/or You (the “Customer Works”), and to use the Getty Content in electronic form solely within the Customer Works. “Getty Content” means the Getty Images content which is available in the Stock Images and Stock Videos section of the SundaySky Platform. These Terms are in addition to the terms You have agreed to with SundaySky for general use of the SundaySky Platform. “You” means the organization responsible for the SundaySky account and the individual using that account.
You may not (a) use Getty Content in a pornographic, defamatory or other unlawful manner, or in a way that violates applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes; (b) falsely represent that You are the original creator of a Customer Work that is made up largely of Getty Content; (c) sell, modify, or use the Getty Content on a stand- alone basis; or (d) use the Getty logos or trademarks except for Getty Content attribution purposes or make false or misleading statements about Getty or the Getty Content; (e) activate the “right-click” function in the Getty Content, or reverse engineer, decompile, or disassemble the Platform to enable the download or use of Getty Content in any manner not permitted; or (f) obtain any ownership rights to the Getty Content. You agree to cooperate with SundaySky’s reasonable requests to audit your use of the Getty Content.
An item of Getty Content may cease to be available for licensing from Getty (“Withdrawn Content”). You agree to stop all use of the Withdrawn Content (including within any Customer Works) within two (2) days from SundaySky’s notice, including by email or via the SundaySky Platform. Misuse of Getty Content may result in termination of Your access to the Getty Content and/or SundaySky Platform.
Storyblocks (Music Library)
Relevant SundaySky Platform Components: Music Library
As a user of the SundaySky Platform you may incorporate any of the audio files from Storyblock available in this library (“Stock File(s)”) into any project you create using the SundaySky Platform. Once you incorporate a Stock File into your project, you can share your finished project freely, but you may not sell, license, or redistribute the Stock Files, as a stand alone file not used within your project, nor can you build your own stock media site with Stock Files. You also agree to use your best efforts to avoid letting the Stock File be accessible to others as a standalone file. You cannot create a trademark or logo based on our Stock Files, use automation, such as computer scripts, to download or “scrape” high volumes of the Stock Files, or use the Stock Files to harm minors, to encourage violence, or for an unlawful purpose, such as defamation.
For audio Stock Files, your license does not restrict your right of public performance, but a cue sheet is required to satisfy the requirements of Performance Rights Organizations (“PROs”). This License allows you to use the Stock Files in YouTube videos, but we cannot prevent other people from incorrectly claiming that your video violates a copyright. Some Stock Files may have additional restrictions, such as “editorial use only,” which will be noted in the clip’s details.
Google Text-to-Speech AI and Vertex*
Relevant SundaySky Platform Components: AI Voice Library
The SundaySky Platform provides optional access and use of Google Text to Speech AI and Vertex (the "Google TTS Service"), to convert text to speech using artificial intelligence.
By using Google TTS Services Customer agrees to comply with the following Google TTS Terms: Google Terms of Service currently located at https://policies.google.com/terms; Google TTS Service Specific terms currently located at https://cloud.google.com/terms/service-terms; Google Generative AI Prohibited Use Policy currently located at https://policies.google.com/terms/generative-ai/use-policy and each of the other policies and terms referenced in those terms as well as any replacement terms, as in effect from time to time.
Polly (Voice Over service)*
Relevant SundaySky Platform Components: AI Voice Library
The SundaySky Platform provides optional access and use of the Amazon Polly voice generator service (the “Polly Service”) to create voice overs from text prompts. By using the Polly Services Customer agrees to comply with the following Amazon Terms applicable to the Polly Service: https://aws.amazon.com/service-terms/ and each of the other policies and terms referenced in those terms as well as any replacement terms, as in effect from time to time.
OpenAI Terms*
Relevant SundaySky Platform Components: AI Copilot, Copilot Prompt Generator, Music Recommendations
The SundaySky Platform provides optional access and use of OpenAI services, including ChatGPT (the “OpenAI Services”), to generate content using artificial intelligence. Customer’s (and their Users) use of the SundaySky Platform and App and of the OpenAI Services is subject to these added terms.
By using the OpenAI Services in connection with the SundaySky Platform Customer agrees to comply with the following OpenAI Business Terms, which govern use of the OpenAI Services by Customer as an End User of SundaySky’s business license, currently located at https://openai.com/policies/business-terms/ and each of the other policies and terms referenced in those terms as well as any replacement terms, as in effect from time to time.
Google AI Services*
Relevant SundaySky Platform Components: AI Image Generator, AI Voice Library
The SundaySky Platform provides optional access and use of Google’s generative AI service, Imagen and potentially other Google AI services (together, the “Google AI Services”) to generate images from text prompts provided by Customer as part of use of the SundaySky Platform for inclusion in Customer Videos.
By using the Google AI Services Customer agrees to comply with the following Google Terms: Google Cloud Platform Terms currently located at https://cloud.google.com/terms/services; Google Service Specific Terms for AI Services currently located at https://cloud.google.com/terms/service-terms; Google Generative AI Use Policy currently located at https://policies.google.com/terms/generative-ai/use-policy; and each of the other policies and terms referenced in those terms as well as any replacement terms, as in effect from time to time.
Tavus*
Relevant SundaySky Platform Components: Stock Avatars, Custom Avatars
The SundaySky Platform provides optional access and use of the Tavus avatar generation service (the “Tavus Services”) to use Stock Avatars and/or Customer Avatars to generate Media Files and/or Interactive Media Files for use in Customer Videos. “Stock Avatars” are replicated version of an actor’s likeness provided by the Tavus Service which is based on video and other content licensed or owned by Tavus and used to create Media Files and/or Interactive Media Files. “Customer Avatars” are replicated versions of a person’s likeness generated by the Tavus Service, based on Customer Content provided by Customer and can be used to create Media Files and/or Interactive Media Files. “Media Files” are non-interactive videos or media files generated through the Tavus Service that use Customer Content and Customer Avatars and/or Stock Avatars, in accordance with Customer’s instructions. “Interactive Media Files” are real time interactive and conversational video streams, and any recordings of the same, that use Customer Content and Customer Avatars and/or Stock Avatars, in accordance with Customer’s instructions.
By using the Tavus Services Customer agrees to comply with the following Tavus Terms:
Customer is responsible for the accuracy, quality and legality of all content and/or information uploaded or otherwise made available to Tavus or the Tavus Service by Customer, including audio, images, videos, scripts, and any other content and information (collectively, “Customer Content”), Customer Avatars, Media Files and Interactive Media Files, provided that the foregoing are created in accordance with Customer’s instructions and/or requests. Customer represents and warrants that it will secure all third party licenses, consents and permissions needed (including from Customer’s end users, as applicable) to upload Customer Content to the Tavus Service and to permit Tavus to create Customer Avatars, Media Files and Interactive Media Files as contemplated. Customer is solely responsible for ensuring that all notices are given, and all rights, authorizations, and consents are obtained, as are required under applicable laws (including, without limitation, data privacy, data protection, or biometrics laws) for Tavus to receive, use, share, retain and otherwise process the Customer Content, Customer Avatars, Media Files and Interactive Media Files as strictly permitted herein, including, without limitation, as applicable: (i) explicit consent required to process biometric data under applicable laws; (ii) all notices to, and all consents and written releases executed by individuals in relation to the processing of their biometric information and biometric identifiers required under biometrics laws; and (iii) all consents to process personal information as required under applicable data privacy laws.
The Customer Content, Media Files and Interactive Media Files, and all worldwide intellectual property rights in them, are the exclusive property of Customer. Customer grants Tavus a non-exclusive, worldwide, royalty-free and fully paid license to use (a) Customer Content, and Customer Avatars, Media Files and Interactive Media Files created by Customer, for the purpose of providing Customer with the functionality of the Tavus Service; and (b) Customer’s trademarks, service marks, and logos provided to Tavus by Customer as required by the Tavus Service to create Media Files and/or Interactive Media Files for Customer. Tavus may collect and use general usage information about Customer’s use of the Tavus Platform in an aggregated and anonymized form.
Customer represents and warrants that any Customer Content will not (a) be deceptive, defamatory, obscene, pornographic or unlawful; (b) intentionally contain any viruses, worms or other malicious computer programming codes intended to damage Tavus’ systems or data; or (c) otherwise violate the rights of a third party, including without limitation any privacy or publicity rights.
Customer may use the Tavus Service for its own business purposes solely in connection with Customer’s use of the SundaySky Platform. Customer may not: (a) modify, adapt, alter or translate the Tavus Service or documentation; (b) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Tavus Service or documentation for the benefit of any unauthorized third party; (c) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Tavus Service, except as permitted by law; (d) intentionally interfere in any manner with the operation of the Tavus Service or the hardware and network used to operate the Tavus Service; (e) modify, copy or make derivative works based on any part of the Tavus Service or documentation; (f) access or use the Tavus Service to build a similar or competitive product or service; (g) attempt to access the Tavus Service through any unapproved interface. Customer will not use the Tavus Services in connection with any of Customer’s time-critical or mission-critical functions. Customer is solely responsible for creating backup copies of any Customer Content or Media Files it wants to preserve, at Customer’s sole cost and expense.
ElevenLabs*
Relevant SundaySky Platform Components: AI Voice Library, Custom Avatars
The SundaySky Platform provides optional access and use of ElevenLabs AI generated voice content (the “ElevenLabs Service”). By using the ElevenLabs Service Customer agrees to comply with the following ElevenLabs Terms governing Customer’s use as a “Paid User” under SundaySky’s license: https://elevenlabs.io/terms-of-use and each of the other policies and terms referenced in those terms as well as any replacement terms, as they may be in effect from time to time. Customer agrees that it is not an agent or partner or in a joint venture with ElevenLabs, and that ElevenLabs is a third-party beneficiary of Customer’s agreement to the ElevenLabs Terms.
* Third Party Materials which as of the date of this document use artificial intelligence.