EuroVOX Terms and Conditions

These Terms and Conditions ("Terms") govern the use of services provided by the European Broadcasting Union ("EBU") to its members ("Members"), including facilitation of translation services powered by third-party AI-based technologies as described below. By accessing these services, Members agree to be bound by these Terms and the general principles outlined herein.

1. Role of the EBU

1.1. The EBU provides Members access to services (including translation, transcription, subtitling, and synthetic voicing) via a platform ("EuroVOX") and facilitates access to third-party AI services ("Third-Party Services"), together "Services".

1.2. EBU acts as a service facilitator (and not as a provider or a deployer) but does not directly produce content and cannot warrant the correctness or reliability of outputs produced by third-party models integrated into its tools. Members acknowledge that EBU (a) is a mere intermediary (i.e., passive conduit) for processing of Member content (save in its capacity as Processor of personal data, as defined in the Data Processing Agreement) and does not exercise editorial or other control over such materials and (b) shall not be responsible for, and expressly disclaims any liability arising from, any such materials or other data. As an intermediary, EBU may receive notices from third parties regarding Member data or Member's use of the Services. EBU will forward all notices directly to Member and Member shall respond to any such third-party notice.

1.3. Members may select translation providers ("Providers") from the EBU's curated list or propose their own Providers, and in doing so grant EBU permission to interoperate with such services as directed by the Member. Where a Member-proposed Provider is made available to other Members by EBU, EBU shall first conduct governance and vetting in accordance with its standard sub-processor assessment process, establish its own contract with that Provider, and add it to the approved sub-processor list. Such Providers shall thereafter be subject to the Data Processing Agreement.

1.4. Members are fully responsible for reviewing and agreeing to Providers' terms and conditions prior to engaging their services, and all liability for those engagements falls between Members and Providers. This clause applies solely to Providers contracted directly by the Member and used exclusively in connection with that Member's services. It does not apply to Providers that have been assessed and contracted by EBU for platform-wide use, which are governed by the Data Processing Agreement.

2. Member Responsibility

2.1. Given the nature of the Services, Members are solely responsible for ensuring lawful, accurate, and appropriate content inputs submitted for processing through EBU's Services. Members shall ensure that any personal information included in the data submitted for processing through EBU Services is obtained lawfully and with the explicit consent of the data subject, as required by applicable privacy laws. EBU recommends that Members do not share or submit any sensitive personal data as input in order to reduce any GDPR compliance risks to the largest possible extent.

2.2. Members acknowledge that AI outputs provided through the EuroVOX platform may be prone to errors, biases, or inaccuracies. As part of the shared responsibility framework, Members are required to exercise editorial discretion regarding the use of any AI-generated content, and EBU cannot be held accountable for any consequences resulting from such usage.

2.3. Any output generated by Providers is considered "use-at-your-own-risk," and Members are advised to independently verify accuracy, legality, and fitness for purpose.

3. Provider Liability

3.1. Providers are bound by their contracts with the EBU or the Member. Providers generally disclaim liability for errors in outputs, accuracy guarantees, or performance guarantees beyond reasonable technical obligations.

3.2. The EBU does not endorse or guarantee the capabilities of Providers, nor does it assume liability for third-party providers' systems or any terms governing agreements between Members and Providers.

3.3. For selected Providers in the EBU's curated list, due diligence is performed regarding vendor selection, compliance, governance, and ongoing risk assessments. However, the EBU does not warrant correctness or non-hallucination of outputs generated by AI models.

4. Shared Responsibility Framework

4.1. In alignment with EBU principles, the EBU operates under a layered responsibility framework:

4.2. EBU will maintain transparent documentation regarding the third-party AI systems integrated into EuroVOX, including architectural configurations, provider compliance certifications, and any changes to the workflow or service capabilities.

4.3. While EBU does not warrant correctness, it prioritises thorough due diligence in vendor selection and ongoing risk evaluations.

5. Tool Access and Usage

5.1. EBU provides Members with access to EuroVOX, a translation collaboration platform.

5.2. As a principle, the tool processes input exclusively for purposes outlined by Members and does not store, republish, or reuse inputs and outputs without explicit permission. Where a Member or third party contributes a model or software component for use within EuroVOX, EBU shall require appropriate licence confirmation before deployment.

5.3. Members must adhere to all usage restrictions and are prohibited from using the tool for unlawful purposes.

5.4. From time to time, EBU may offer services identified as test, beta, pilot, developer preview, non-production, or evaluation. Such services: (a) are provided only for evaluation purposes; (b) may not be relied on by Members for production use; (c) may not be supported; and (d) may be subject to additional terms. EBU may discontinue such services at any time in its sole discretion. Such services are provided "as is" and "as available" without any warranty of any kind.

6. Intellectual Property Rights

6.1. Members retain ownership of all original content provided and any rights relating to output generated by the Providers, subject to any underlying third-party intellectual property.

6.2. Providers may not use input data to train models or improve their features outside of the scope of the agreed service.

6.3. Any intellectual property related to the EBU's tool remains with the EBU, and Members are granted a limited, non-transferable licence for tool usage.

7. Limitations of Liability

7.1. The EBU shall not be held liable for:

• Errors, inaccuracies, omissions, or hallucinations in translation outputs from Providers.
• Disputes between Members and Providers.
• Regulatory or reputational damage, any claims of intellectual property infringement, or data misuse incurred by Members arising from the use of AI-generated outputs.

7.2. EBU's liability with respect to its tool and facilitation services is limited to reasonable operational and security obligations. EBU's total aggregate liability in respect of any claim under or in connection with the Service Order shall in no event exceed 100% of all charges paid during the 12-month period immediately prior to which the relevant claim arises.

7.3. The Providers' liability is governed by the respective agreements and may typically include strict disclaimers regarding performance limitations and financial indemnities.

8. Compliance and Security

8.1. The EBU ensures contractual safeguards for selected Providers as a principle, including requirements that:

• Providers do not use inputs to train or improve their models without authorisation.
• Providers do not store or repurpose data outside the scope of the agreed service.
• Providers process data within the European Economic Area (EEA) when feasible, following applicable data protection laws.
• Providers adhere to GDPR-compliant data handling practices, which include but are not limited to prohibiting data repurposing for model training; maintaining strict access controls; and instituting frequent security audits.
• Providers are required to inform EBU of any data breach impacting input data to ensure remedial actions are promptly taken.

EBU retains the right to periodically audit its Providers' compliance with GDPR requirements, ethical AI usage, and security standards.

8.2. Members may propose and use their own contracted Providers through EBU's platform, provided the Member ensures that their contracts align with governance and security protocols.

8.3. Members agree that the processing of personal information through EBU's Services is governed by the Data Processing Agreement ("DPA"). The DPA outlines the roles and responsibilities of the EBU as Processor and Members as Controllers in compliance with applicable data privacy laws, including GDPR. Members must review and agree to the DPA as part of their agreement to use the Services. The DPA is incorporated into these Terms by reference and available at https://www.eurovox.io/dpa.html or upon request. Members' audit rights in respect of EBU's data processing activities are as set out in the Data Processing Agreement.

9. Confidentiality

9.1. Members are responsible for ensuring that their inputs do not compromise the confidentiality of third-party data or violate any laws.

9.2. The EBU ensures that third-party Providers adhere to confidentiality standards but cannot assume liability for Provider mishandling that occurs outside its governance capabilities.

10. Suspension, Termination and Consequences

10.1. EBU reserves the right to suspend or terminate access to services if: (i) Providers fail to comply with the stipulated security, liability, or governance terms; (ii) a Member is in breach of any of its obligations under the Service Order; (iii) EBU determines that any changes (including without limitation regulatory, economic, or technical) affect the Service; (iv) there is a force majeure event beyond EBU's reasonable control; or (v) where otherwise foreseen in the Service Order. For the purposes of this clause, a force majeure event includes any circumstance beyond EBU's reasonable control, including but not limited to natural disasters, acts of government or regulatory authority, war, civil unrest, pandemic, or failure of third-party infrastructure not attributable to EBU's negligence.

10.2. Upon termination of services, all Member data stored by Providers must be securely deleted within 30 calendar days, or such shorter period as instructed by the Controller in accordance with the Data Processing Agreement, provided that EBU shall action any such instruction with reasonable expediency having regard to the volume and nature of the data involved, except where legal obligations require retention.

10.3. Where termination is initiated by EBU under clause 10.1(i), (iii), or (iv), or by the Member pursuant to Section 5 of the DPA, EBU shall refund any pre-paid fees attributable to unused complete calendar months remaining in the term of the applicable Service Order after the month in which the effective date of termination falls, calculated at the monthly fee equivalent. No refund shall be due in respect of the month in which termination takes effect or any services already rendered.

11. Dispute Resolution

EBU shall act only as a facilitator for disputes arising between Members and Providers and will not mediate or arbitrate such disputes unless explicitly agreed to by all parties involved. Members are required to adhere to dispute resolution mechanisms outlined in their contracts with Providers.

12. Governing Law

These Terms are governed by the laws of Switzerland. Courts of Geneva shall have exclusive jurisdiction.

13. Amendments

13. The EBU reserves the right to modify, update, or amend these Terms and Conditions at any time. Changes will take effect upon publication on the EuroVOX website. Where a specific notice period is prescribed elsewhere in these Terms or in the Data Processing Agreement, that notice period shall take precedence over publication as the mechanism by which the relevant change takes effect.

14. Privacy Notice

Use of the EBU's Services requires compliance with the Privacy Notice, which details how personal information is processed by the EBU and third-party Providers. Members are advised to share EBU's Privacy Notice with affected data subjects and ensure their processing activities align with the commitments outlined therein. The Privacy Notice is publicly available at https://www.eurovox.io/privacy.html or can be requested from EBU.

15. Service Order

The specific description of services, their duration, and applicable fees shall be outlined in individual service orders agreed upon between the EBU and the Member. Each service order shall reference these Terms and be governed by the provisions herein. In the event of discrepancies between the service order and these Terms, the provisions of the service order shall prevail only with respect to specific details of the order, such as pricing and duration.

16. Next Steps and Transparency

EBU is committed to improving transparency and clarity, including publishing compliance records with vendor governance requirements and standards.

17. Contact Information

For inquiries regarding these Terms or other matters, please contact: poor@ebu.ch