Feature-Specific Terms

Credit-Based Services Terms

These Credit-Based Services Terms form a part of the Agreement between Customer and Articulate. These Credit-Based Services Terms apply when Customer accesses and uses Credit-Based Services.

1. Definities

1.1 “Credit-Based Services” means Services, features, functionality, or usage rights that are purchased, accessed, measured, or consumed using Credits rather than, or in addition to, seat-based subscriptions. Credit-Based Services are described here.

1.2 “Credits” means usage credits that are applied when a User takes certain actions or uses certain Add-on Features or functionality designated as Credit-Based Services.

1.3 “Credit Fees” means the fees associated with Credits.

1.4 “Credit Limit” means the total number of Credits purchased and available for use under a subscription’s credit pool.

1.5 “Flex Credits” means Credits that may be purchased and available to Customer and are not part of a Recurring Credit subscription, but align to a Subscription Term identified on an Order Form.

1.6 “Recurring Credits” means an annual recurring allocation of Credits purchased as an annual subscription and aligned to the Subscription Term.

2. Terms

2.1 Credit Consumption. Recurring Credits and Flex Credits are purchased in advance, and are used when Users access Credit-Based Services. The number of Credits used by each feature will vary. Information on how Credit consumption is calculated is here.  

2.2 Expiration and non-transferability. Credits are not cash, stored value, or currency. Credits are non-transferable, non-refundable, and not redeemable for cash or other Services. Unused Recurring Credits and Flex Credits both expire at the end of the Subscription Term in which they are issued.

2.3 Credit Limits and Suspension. If Customer reaches its Credit Limit, Articulate will suspend access to Credit-Based Services until Credits refresh or Customer purchases more Flex Credits. Customer remains responsible for fees incurred through account activity, including activity triggered by Users, automations, integrations, or Non-Articulate Services configured by Customer.

2.4 Modifications to Credit Calculations. Technology and related AI costs change rapidly. As new features and technology capabilities evolve, Articulate reserves the right, in its sole discretion, to modify the Credit-Based Services calculations. Changes will be reflected here. 

Credit-Based Services may be subject to other applicable Feature-Specific Terms.

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Custom Photorealistic Avatar Terms

These Custom Photorealistic Avatar Terms form a part of the Agreement between Customer and Articulate. These Custom Photorealistic Avatar Terms apply to Customer’s creation and use of Custom Photorealistic Avatars when Customer accesses and uses the Avatar feature. They do not apply to stock, illustrated, animated, or other avatars that are not based on a reference image, audio, or video of a real individual.

1. Definities

1.1 “Avatar Source Material" means the reference image, audio, or video uploaded to create a Custom Photorealistic Avatar and any facial geometry, voiceprint, voice clone, or similar representation derived from it.

1.2 “Custom Photorealistic Avatar” means a custom video character generated from a reference image (and where supported, audio or video) of a real individual that Customer uploads to the Services.

1.3 “Avatar Subject” means the real individual depicted in a Custom Photorealistic Avatar.

2. Terms

2.1 Consent. Customer will not, and will not permit any User to, upload Avatar Source Material or create a Custom Photorealistic Avatar unless Customer has first obtained from the Avatar Subject a written consent or release that: (a) identifies Articulate or "the platform provider" as a recipient and processor of the Avatar Source Material; (b) describes the purposes for which the Custom Photorealistic Avatar will be used; (c) states the retention period; and (d) describes how the Avatar Subject may withdraw consent. Customer will retain records of each consent for the period the Custom Photorealistic Avatar remains in use plus three (3) years, and will provide a copy to Articulate upon reasonable request in connection with a claim, investigation, or regulatory inquiry relating to that Avatar Subject.

2.2 Compliance. Customer is responsible for all notices, consents, releases, retention disclosures, withdrawal mechanisms, and legal bases required to process Avatar Source Material in each jurisdiction where the Avatar Subject resides. Customer acknowledges that facial geometry and voiceprints may constitute biometric data or biometric identifiers under applicable law, including the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, and comparable laws in other jurisdictions, and that such laws may impose obligations on Customer independent of this Agreement. To the extent the Custom Photorealistic Avatar is considered a deepfake under applicable law, Customer must incorporate required AI-generation disclosures.

2.3 Prohibited Uses. The Services do not, and Customer may not use Custom Photorealistic Avatars or the Services (a) for identity verification, authentication, or access controls; (b) for surveillance, monitoring, or tracking of individuals; (c) for emotion recognition, emotion inference, or biometric categorization; (d) for a misleading or deceptive purpose; or (e) in any manner constituting a prohibited practice under any applicable law. Articulate may remove or disable content or access to Avatar features for non-compliance with these requirements.

2.4 Indemnification. Customer will defend Articulate against, and indemnify Articulate for, any third-party claim arising from (a) Avatar Source Material uploaded by Customer or a User, including any claim by an Avatar Subject, (b) Customer's failure to obtain or maintain consent as required by these terms, or (c) use of Custom Photorealistic Avatars in violation of these terms.

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AI Tutor Terms

These AI Tutor Terms form a part of the Agreement between Customer and Articulate. These AI Tutor Terms apply to Customer’s access and use of AI Tutor. Capitalized terms used but not defined below have the meanings given in the Articulate Online Terms of Service.

1. Definities

1.1 “AI Tutor” means functionality that supports End User learning within End Products through AI chat conversations grounded in the End Product’s content. 

1.2 “Adaptive Features” means, where supported and enabled, AI Features that process End User (learner) End Product interaction signals to adjust the delivery, pacing, or content of tutoring responses. 

1.3 “Interaction Signals" means the questions, responses, navigation, timing, and completion signals generated by an End User's interaction with AI Tutor and the associated End Product.

2. Terms

2.1 Administrative Controls. Adaptive Features will not be enabled without notice to Customer, and Articulate's processing of End User interaction signals for Adaptive Features will be governed by the Data Processing Agreement.

2.2 Content Scope. AI Tutor generates responses solely from content that the End User is authorized to access within the End Product and any additional content sources the Customer has configured for that End User. AI Tutor does not draw on content from other customers or content the End User is not authorized to access. 

2.3 Prohibited Uses. AI Tutor and Adaptive Features are not designed or licensed for, and Customer represents that it will not use them for any prohibited use identified in the Acceptable Use Policy, including as the sole or primary basis for any decision materially affecting an individual where there is not corresponding meaningful human review.

2.4 Notices and Consents. If Customer uses AI Tutor to track, assess, score, report on, personalize, or analyze learner activity, engagement, skills, proficiency, behavior, performance, or training completion, Customer is responsible for providing any required notices and for obtaining required consents or establishing a valid legal basis. 

2.5 Indemnification. Customer will defend Articulate against, and indemnify Articulate for, any third-party claim, including End Users’ claims, arising from Customer's use of AI Tutor or Adaptive Features in violation of the Prohibited Uses above.

2.6 Suspension. Articulate may suspend or disable AI Tutor or Adaptive Features upon reasonable belief that Customer's use violates these terms, the Acceptable Use Policy, applicable law, or would cause Articulate to be in violation of law.