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Terms of Service changed Gradium, Oct 19, 2026

Gradium · Oct 19, 2026 · 33 added, 38 removed · seen by the weekly check

  1. Removed: The Gradium voice catalog grows from ~380 to 1.4k voices. The 1,000+ new voices cover 28 accents across English, French, Spanish, German and Portuguese, cast for customer service, narration, ads and characters. Listen to 62 of them, and see how they were chosen.
  2. Added: Affiliate means any entity (a) that a Party Controls; (b) that a Party is Controlled by; or (c) with which a Party is under common Control, where "Control" means direct or indirect control within the meaning of Article L. 233-3 of the French Commercial Code.
  3. Removed: Affiliate means any entity (a) that a Party Controls; (b) that a Party is Controlled by; or (c) with which a Party is under common Control, where "Control" means direct or indirect control within the meaning of Article L233-3 of the French Commercial Code.
  4. Added: 2.6. Personal Data. Where Client is deemed data controller under Applicable Privacy Laws, GRADIUM shall process any Client Personal Data on behalf of Client, as data processor, pursuant to the terms of the Data Processing Agreement, and the Parties agree to comply with such terms. GRADIUM processing of Personal Data as data controller, whether Client is deemed data controller, are set forth in GRADIUM's Privacy Policy available at the following link and any succeeding link: https://gradium.ai/privacy
  5. Added: 2.7. Zero Data Retention. Client may activate and configure the Zero Data Retention directly through the Services. If the Zero Data Retention is activated, Client acknowledges and agrees that GRADIUM will not store any Client Data and will immediately delete Client Data after the generation and provision of Output. By exception to the foregoing, GRADIUM may retain Voice Sample and Voice Reproduction solely for the purpose of providing the Services. Zero Data Retention may be subject to additional Fees. Notwithstanding the foregoing, Zero Data Retention applies automatically to all Client Data processed through the HDS Services, without any action required from Client.
  6. Added: 2.8. Overuse. The Services are subject to usage limitations described in the applicable Service Plan. GRADIUM shall notify Client by email when its use of the Services reaches both 90% and 99% of the Services use limitation. If not already activated, Client can decide to activate Usage Overage Fees to continue using the Services beyond the Services use limitations for the applicable subscription period. If Usage Overage Fees are not activated, GRADIUM shall block the use of the Services above 100% of the Services use limitation for the current subscription period, without any liability for GRADIUM.
  7. Removed: 2.6. Personal Data. Where Client is deemed data controller under Applicable Privacy Laws, GRADIUM shall process any Client Personal Data on behalf of Client, as data processor, pursuant to the terms of the Data Processing Addendum, and the Parties agree to comply with such terms. GRADIUM processing of Personal Data as data controller, whether Client is deemed data controller, are set forth in GRADIUM's Privacy Policy available at the following link and any succeeding link: https://gradium.ai/privacy
  8. Removed: 2.7. Zero Data Retention. If the Zero Data Retention is activated, Client acknowledges and agrees that GRADIUM will not store any Client Data and will immediately delete Client Data after the generation and provision of Output. By exception to the foregoing, GRADIUM may retain Voice Sample and Voice Reproduction solely for the purpose of providing the Services. Zero Data Retention may be subject to additional Fees.
  9. Removed: 2.8. Overuse. The Services are subject to usage limitations described in the applicable Service Plan. GRADIUM shall notify Client by email when its use of the Services reaches both 80% and 100% of the Services use limitation. If not already activated, Client can decide to activate Usage Overage Fees to continue using the Services beyond the Services use limitations for the applicable subscription period. If Usage Overage Fees are not activated, GRADIUM shall block the use of the Services above 100% of the Services use limitation for the current subscription period, without any liability for GRADIUM.
  10. Added: ALL BETA SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. BETA SERVICES MAY BE TERMINATED AT ANY TIME. GRADIUM DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A BETA SERVICE, INCLUDING ANY OBLIGATION OR LIABILITY WITH RESPECT TO CLIENT DATA. ANY CLIENT DATA ENTERED INTO BETA SERVICES BY OR FOR CLIENT, MAY BE PERMANENTLY LOST IF THE BETA SERVICES ARE SUSPENDED, TERMINATED, OR DISCONTINUED.
  11. Removed: ALL BETA SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. BETA SERVICES MAY BE TERMINATED AT ANY TIME. GRADIUM DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A BETA SERVICE, INCLUDING ANY OBLIGATION OR LIABILITY WITH RESPECT TO CLIENT DATA. ANY CLIENT DATA ENTERED INTO BETA SERVICES MADE TO BETA SERVICES BY OR FOR CLIENT, MAY BE PERMANENTLY LOST IF THE BETA SERVICES ARE SUSPENDED, TERMINATED, OR DISCONTINUED.
  12. Added: b. Output faithfully reflecting the content of the Input, whether in the form of a transcription, translation, conversion, or synthesis thereof.
  13. Removed: b. Output transcribing faithfully reflecting the content of the Input, whether in the form of a transcription, translation, conversion, or synthesis thereof.
  14. Added: e. Ensuring every Input submitted through the Services complies with Applicable Laws and is accurate and appropriate for their purpose.
  15. Removed: e. Ensuring every Input submitted through the Services complies with Applicable Laws and are accurate and appropriate for their purpose.
  16. Added: e. Direct and/or use the Services to create, provide, disseminate disinformation, misleading, inaccurate or false content or information, promote unlawful activities or for political reasons (e.g. campaigning, lobbying, fundraising, solicitation, etc).
  17. Removed: e. Direct and/or use the Services to create, provide, disseminate disinformation, misleading, inaccurate or false content or information, promote unlawful activities or for political reasons (e.g. campaigning, lobbying, fundraising, solicitation etc).
  18. Added: 4.1. Term. The Agreement duration shall be based on Client's subscription, which may either be a monthly subscription (based on calendar months) or an annual subscription (based on the Effective Date). Client's subscription shall be tacitly and automatically renewed at the end of each current term for an additional month or year as the case may be, unless either Party gives notification to the other Party of its intent not to renew the Agreement with a ten (10) days prior notice for monthly subscriptions and sixty (60) days prior notice for annual subscriptions before the end of the subsequent term (the initial subscription term and any subsequent terms being together the "Term").
  19. Removed: 4.1. Term. The Agreement duration shall be based on Client's subscription, which may either be a monthly subscription (based on calendar months) or an annual subscription (based on the Effective Date). Client's subscription shall be tacitly and automatically renewed at the end of each current term for an additional month or year as the case may be, unless either Party gives notification to the other Party of its intent not to renew the Agreement with a ten (10) day prior notice for monthly subscriptions and sixty (60) days prior notice for annual subscriptions before the end of the subsequent term (the initial subscription term and any subsequent terms being together the "Term").
  20. Added: 4.3. Effect of Termination. Upon any expiration or termination of the Agreement, (i) Client will no longer have any right to use the Services; (ii) each Recipient will return or destroy Disclosing Party's Confidential Information in its possession or control without undue delay, including but not limited to Voice Sample and Voice Reproduction; and (iii) the Parties will make any payments required under Section 4.4 (Refund or Payment upon Termination).
  21. Removed: 4.3. Effect of Termination. Upon any expiration or termination of the Agreement, (i) Client will no longer have any right to use the Services; (ii) each Recipient will return or destroy Disclosing Party's Confidential Information in its possession or control without undue delay, including but not limited to Voice Sample and Voice Reproduction, except for Client Data licensed pursuant to Section 6.1 (Client Data) for Services improvement and AI model training; and (iii) the Parties will make any payments required under Section 4.4 (Refund or Payment upon Termination).
  22. Added: 5.4. Invoicing Terms. Client will pay correct and undisputed invoices within seven (7) days from issuance of such invoice. Client shall pay upfront Fees on the day of subscription for the ongoing subscription period, and each subsequent Fees on an upfront basis on the subsequent subscription anniversary date(s) whether for monthly or yearly subscription periods (for illustration purposes, for a monthly subscription started on May 7th, the next payment date shall be June 7th).
  23. Added: 5.5. Late payment. If Client fails to pay undisputed Fees within five (5) days of the payment due date, GRADIUM reserves the right to suspend the provision of the Services after providing Client with a two (2) days' prior notice of non-payment by email to Client. Suspension of the Services does not relieve Client of its obligation to pay all outstanding amounts and will last until full payment of the Fees due. Without prejudice to GRADIUM's right to suspend the Services in accordance with this Section, and to terminate the Agreement for material breach in accordance with Section 4.2 (Termination for Cause), in the event of late payment, Client shall pay to GRADIUM an interest on the overdue amount accrued at the rate of ten (10) percentage points above the European Central Bank's reference rate, from the due date until full payment is made, and recovery costs which may not be lower than forty (40) euros. This late payment compensation and interest are due automatically without the need for a formal reminder.
  24. Removed: 5.4. Invoicing Terms. Client will pay correct and undisputed invoices within seven (7) days from issuance of such invoice. Client shall pay upfront Fees on the day of subscription for the ongoing subscription period, and each subsequent Fees on an upfront basis on the subsequent subscription anniversary date(s) whether for monthly or yearly subscription periods (for illustration purpose, for a monthly subscription started on May 7th, the next payment date shall be June 7th).
  25. Removed: 5.5. Late payment. If Client fails to pay undisputed Fees within five (5) days of the payment due date, GRADIUM reserves the right to suspend the provision of the Services after providing Client with a two (2) days' prior notice of non-payment by email to Client. Suspension of the Services does not relieve Client of its obligation to pay all outstanding amounts and will last until full payment of the Fees due. Without prejudice of GRADIUM's right to suspend the Services in accordance with this Section, and to terminate the Agreement for material breach in accordance with Section 4.2 (Termination for Cause), in the event of late payment, Client shall pay to GRADIUM an interest on the overdue amount accrued at the rate of ten (10) percentage points above the European Central Bank's reference rate, from the due date until full payment is made, and recovery costs which may not be lower than (40) euros. This late payment compensation and interest are due automatically without the need for a formal reminder.
  26. Added: 6. Licenses and Intellectual Property Rights
  27. Added: 6.1. Client Data. As between the Parties and to the extent Client Data is protected by Intellectual Property Rights, Client shall own and retain all Intellectual Property Rights in Client Data. Client hereby grants GRADIUM and its Affiliates for the Term, a worldwide, nonexclusive, irrevocable, non-transferable (except as permitted in Section 10 (Assignment)), non-sublicensable (except to GRADIUM's service providers for the below purposes), royalty-free, and limited license to use, store, copy, modify, transmit, display, publish, distribute, reproduce Client Data, and create derivative works thereof as necessary for GRADIUM to provide, manage and maintain the Services, which includes debugging, assessing, reviewing and correcting the performance of the Services in accordance with the Agreement, and exercise its rights under the Agreement. Where Client has authorised in advance, in writing or through any setting made available in the Service, or where Client chooses to submit Client Data directly to Gradium (in particular to help Gradium improve the Services) and except in case of activation of the Zero Data Retention, Client hereby grants GRADIUM and its Affiliates a worldwide, nonexclusive, irrevocable, non-transferable (except as permitted in Section 10 (Assignment)), non-sublicensable (except to GRADIUM's service providers for the below purposes), royalty-free, and limited license to use, store, copy, modify, transmit, display, publish, distribute, reproduce the relevant Client Data, and create derivative works thereof as necessary for GRADIUM to analyse and improve the current and future Services, and train and develop any underlying AI model, including but not limited to the Models, for the greater of the duration necessary to achieve the intended purposes or the duration of the legal protection of any Intellectual Property Rights contained in Client Data. GRADIUM may also use data relating to the use and performance of the Services, which does not include the content of Client Data, to analyse and improve the Services. Except otherwise expressly provided in this Agreement, GRADIUM acquires no right, title, or interest from Client under the Agreement in or to Client Data. Client acknowledges that due to the nature of generative AI tools, Outputs may not be unique, and users of the Services may receive their own Output that is similar or the same as Client's Output. Client hereby waives and releases GRADIUM and any of its Affiliates from any claim that another user's Output is the same as, or reproduces, any of Client's Output.
  28. Removed: 6. Licenses and Intellectual Proprietary Rights
  29. Removed: 6.1. Client Data. As between the Parties and to the extent Client Data is protected by Intellectual Property Rights, Client shall own and retain all Intellectual Property Rights in Client Data. Client hereby grants GRADIUM and its Affiliates for the Term, a worldwide, nonexclusive, irrevocable, non-transferable (except as permitted in Section 10 (Assignment)), non-sublicensable (except to GRADIUM's service providers for the below purposes), royalty-free, and limited license to use, store, copy, modify, transmit, display, publish, distribute, reproduce Client Data, and create derivative works thereof as necessary for GRADIUM to provide, manage, maintain and optimize the Services, which includes debugging, assessing, reviewing and correcting the performance of the Services in accordance with the Agreement, and exercise its rights under the Agreement. Except in case of activation of the Zero Data Retention, Client hereby grants GRADIUM and its Affiliates a worldwide, nonexclusive, irrevocable, non-transferable (except as permitted in Section 10 (Assignment)), non-sublicensable (except to GRADIUM's service providers for the below purposes), royalty-free, and limited license to use, store, copy, modify, transmit, display, publish, distribute, reproduce Client Data, and create derivative works thereof as necessary for GRADIUM to analyse and improve the current and future Services, and train and develop any underlying AI model, including but not limited to the Models, for the greater of the duration necessary to achieve the intended purposes or the duration of the legal protection of any Intellectual Property Rights contained in Client Data. Except otherwise expressly provided in this Agreement, GRADIUM acquires no right, title, or interest from Client under the Agreement in or to Client Data. Client acknowledges that due to the nature of generative AI tools, Outputs may not be unique, and users of the Services may receive their own Output that is similar or the same as Client's Output. Client hereby waives and releases GRADIUM and any of its Affiliates from any claim that another user's Output is the same as, or reproduces, any of Client's Output.
  30. Added: 6.3. Feedback. Client may, but is not required to, give GRADIUM Feedback, in which case Client gives Feedback "AS IS". Client acknowledges and expressly agrees that any contribution of Feedback does not and will not give or grant Client any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of GRADIUM, and GRADIUM may use, transfer, sub-license and disclose Feedback in any manner and for any purpose whatsoever, including AI model training and current and future Services improvement, without further notice or compensation to Client and without retention by Client of any proprietary or other right or claim, for the whole world and for the greater of the duration necessary to achieve the intended purposes or the duration of the legal protection of any Intellectual Property Rights contained in the Feedback if any. Feedback does not include Client Data. Any Client Data provided together with Feedback remains subject to Section 6.1 (Client Data).
  31. Removed: 6.3. Feedback. Client may, but is not required to, give GRADIUM Feedback, in which case Client gives Feedback "AS IS". Client acknowledges and expressly agrees that any contribution of Feedback does not and will not give or grant Client any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of GRADIUM, and GRADIUM may use, transfer, sub-license and disclose Feedback in any manner and for any purpose whatsoever, including AI model training and current and future Services improvement, without further notice or compensation to Client and without retention by Client of any proprietary or other right or claim, for the whole world and for the greater of the duration necessary to achieve the intended purposes or the duration of the legal protection of any Intellectual Property Rights contained in the Feedback if any.
  32. Added: Provided GRADIUM (x) promptly gives Client written notice of the GRADIUM Covered Claim; (y) gives Client sole control of the defense and settlement of the GRADIUM Covered Claim (except that Client may not settle any GRADIUM Covered Claim unless it unconditionally releases GRADIUM of all liability related to the GRADIUM Covered Claim); and (z) gives Client all reasonable assistance in connection with the defense or settlement of such GRADIUM Covered Claim, at Client's expense. The above defense and indemnification obligations do not apply to the extent a GRADIUM Covered Claim arises from GRADIUM's breach of the Agreement.
  33. Removed: Provided GRADIUM (x) promptly gives Client written notice of the GRADIUM Covered Claim; (y) gives Client sole control of the defense and settlement of the GRADIUM Covered Claim (except that Client may not settle any GRADIUM Covered Claim unless it unconditionally releases GRADIUM of all liability related to the GRADIUM Covered Claim); and (z) give Client all reasonable assistance in connection with the defense or settlement of such GRADIUM Covered Claim, at Client's expense. The above defense and indemnification obligations do not apply to the extent a GRADIUM Covered Claim arises from GRADIUM's breach of the Agreement.
  34. Added: If anyone believes that any content on the Services infringes any Intellectual Property Right, or privacy right that they own or control, they may notify GRADIUM as follows:
  35. Removed: If anyone believes that any content on the Services infringe any Intellectual Property Right, or privacy right that they own or control, they may notify GRADIUM as follows:
  36. Added: To the extent permitted by Applicable Laws, GRADIUM may update the Terms of Service from time to time, including but not limited to changes to reflect changes of the Services, including to introduce new features or functionality or improve Services quality, changes to Applicable Laws or security or safety reasons. GRADIUM will give Client at least thirty (30) days' advance notice of changes to these Terms of Service that materially adversely impact Client via email. When Client's subscription is on yearly basis, the revised Terms of Service will apply, as indicated in GRADIUM's notification, either at the renewal of the next subscription period, or after a thirty (30) days' prior notice. Client may oppose the notified changes to the Terms of Service in such delay and terminate the Agreement within this period. All other changes will be effective as soon as GRADIUM notifies them to Clients.
  37. Removed: To the extent permitted by Applicable Laws, GRADIUM may update the Terms of Service from time to time, including but not limited to changes to reflect changes of the Services, including to introduce new features or functionality or improve Services quality, changes to Applicable Laws or security or safety reasons. GRADIUM will give Client at least thirty (30) days advance notice of changes to these Terms of Service that materially adversely impact Client via email. When Client's subscription is on yearly basis, the revised Terms of Service will apply, as indicated in GRADIUM's notification, either at the renewal of the next subscription period, or after a thirty (30) day prior notice. Client may oppose the notified changes to the Terms of Service in such delay and terminate the Agreement within this period. All other changes will be effective as soon as GRADIUM notify them to Clients.
  38. Added: All references in the Agreement to "including" means "including but not limited to". All references to hours, days, months or years refer to calendar hours, days, months or years unless explicitly stated otherwise.
  39. Removed: All reference in the Agreement to "including" means "including but not limited to". All references to hours, days, months or years refer to calendar hours, days, months or years unless explicitly stated otherwise.
  40. Added: SCC means the clauses annexed to the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR.
  41. Removed: SCC means the clauses annexed to the European Commission Implementing Decision 2021/914 of June 4th, 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR.
  42. Added: If Client is a Data Processor on behalf of a Third-Party Controller, then Client shall (i) act as the single point of contact for GRADIUM; (ii) obtain all necessary authorizations from such Third-Party Controller; (iii) ensure that the Third-Party Controller provided notice and obtained any consents necessary for Processing by GRADIUM as set forth in this Data Processing Agreement; and (iv) undertakes to issue all instructions and exercise all rights on behalf of such other Third-Party Controller.
  43. Removed: If Client is a Data Processor on behalf of a Third-Party Controller, then Client shall act (i) as the single point of contact for GRADIUM; (ii) obtain all necessary authorizations from such Third-Party Controller; (iii) ensure that the Third Party Controller provided notice and obtained any consents necessary for Processing by Service Provider as set forth in this Data Processing Agreement; and (iv) undertakes to issue all instructions and exercise all rights on behalf of such other Third-Party Controller.
  44. Added: b) GRADIUM shall ensure that GRADIUM's staff members have committed themselves to confidentiality of Client Personal Data, that staff members Processing Client Personal Data have a need to know the relevant Client Personal Data for the provision of the Services and that Sub-Processors are under confidentiality obligations substantially similar to the confidentiality obligations imposed on GRADIUM pursuant to the Data Processing Agreement.
  45. Removed: b) GRADIUM shall ensure that GRADIUM's staff members have committed themselves to confidentiality of Client Personal Data, that staff members Processing Client have a need to know the relevant Client Personal Data for the provision of the Services and that Sub-Processors are under confidentiality obligations substantially similar to the confidentiality obligations imposed on GRADIUM pursuant to the Data Processing Agreement.
  46. Added: d) Taking into account the nature of the Processing and the information available to GRADIUM, GRADIUM shall notify Client without undue delay and not later than forty-eight (48) hours after having become aware of a Data Security Breach affecting Client Personal Data. GRADIUM shall cooperate with Client, and if requested by Client, GRADIUM shall (i) provide Client with reasonable information about the Data Security Breach in its possession such as the nature of the personal data affected, or the cause and origin of the Data Security Breach, and (ii) provide reasonable assistance to Client to mitigate or remediate the Data Security Breach.
  47. Removed: d) Taking into account the nature of the Processing and the information available to GRADIUM, GRADIUM shall notify Client without undue delay and not later than forty-eight (48) hours after having become aware of a Data Security Breach affecting Client Personal Data. GRADIUM shall cooperate with Client, and if requested by Client, GRADIUM shall (i) provide Client with reasonable information about the Data Breach in its possession such as the nature of the personal data affected, or the cause and origin of the Data Security Breach, and (ii) provide reasonable assistance to Client to mitigate or remediate the Data Security Breach.
  48. Added: Client may object in writing to GRADIUM's appointment of a new Sub-Processor within fifteen (15) days of such notice, provided that such objection is based on reasonable and substantiated grounds relating to compliance with Applicable Privacy Laws. If Client provides observations during this fifteen (15)-day period, GRADIUM and Client will consult and negotiate in good faith to find a mutually acceptable resolution to address any objections raised by Client. If GRADIUM chooses to retain the Sub-Processor, GRADIUM shall inform Client at least thirty (30) days before authorizing the Sub-Processor to Process Client Personal Data, and either party may immediately discontinue providing or using the relevant parts of the Services, as applicable, and may terminate the relevant parts of the Services within thirty (30) days.
  49. Removed: Client may object in writing to GRADIUM's appointment of a new Sub-Processor within fifteen (15) days of such notice, provided that such objection is based on reasonable and substantiated grounds relating to compliance with Applicable Privacy Laws. If Client provides observations during this fifteen (15) days period, GRADIUM and Client will consult and negotiate in good faith to find a mutually acceptable resolution to address any objections raised by Client. If GRADIUM chooses to retain the Sub-Processor, GRADIUM shall inform Client at least thirty (30) days before authorizing the Sub-Processor to Process Client Personal Data, and either party may immediately discontinue providing or using the relevant parts of the Services, as applicable, and may terminate the relevant parts of the Services within thirty (30) days.
  50. Added: The optional docking clause in Clause 7 is not implemented.
  51. Added: Client gives GRADIUM a thirty (30) days' prior written notice of such audit or inspection (hereafter "Audit").
  52. Added: During this thirty (30)-day period, Client and GRADIUM mutually agree in writing upon the scope (which must be limited to Processing operations related to the provision of Services to Client), timing and duration and starting date of the Audit.
  53. Removed: Client gives GRADIUM a thirty (90)-days prior written notice of such audit or inspection (hereafter "Audit").
  54. Removed: During this thirty (90)-days period, Client and GRADIUM mutually agree in writing upon the scope (which must be limited to Processing operations related to the provision of Services to Client), timing and duration and starting date of the Audit.
  55. Added: Upon the termination of Client's access to and use of the Services, GRADIUM will, up to forty-five (45) days following such termination, delete or return to Client, at Client's choice, all Client Personal Data detained by GRADIUM except as otherwise authorized in writing by Client pursuant to Section 11 (Processing of GRADIUM as Data Controller). Client acknowledges and accepts that Client Personal Data will no longer be accessible upon the expiry of the forty-five (45)-day period.
  56. Added: Without prejudice to any Zero Data Retention feature implemented as applicable, GRADIUM may retain Client Personal Data to the extent required by applicable law but only to the extent and for such period as required by such law and always provided that GRADIUM shall ensure the confidentiality of all such Client Personal Data.
  57. Removed: Upon the termination of Client's access to and use of the Services, GRADIUM will, up to forty-five (45) days following such termination, delete or return to Client, at Client's choice, all Client Personal Data detained by GRADIUM except as otherwise authorized under the Terms of Service. Client acknowledges and accepts that Client Personal Data will no longer be accessible upon the expiry of the forty-five (45) day period.
  58. Removed: Without prejudice of any Zero Data Retention feature implemented as applicable, GRADIUM may retain Client Personal Data to the extent required by applicable law but only to the extent and for such period as required by such law and always provided that GRADIUM shall ensure the confidentiality of all such Client Personal Data.
  59. Added: GRADIUM processes Personal Data as Data Controller for the purposes set forth in GRADIUM's Privacy Policy available at the following link and any succeeding link: https://gradium.ai/privacy .
  60. Added: GRADIUM shall not reuse Client Personal Data for its own purposes, including to improve current and future Services or to train any AI model or product. By exception, GRADIUM may reuse Client Personal Data only where Client has given its prior authorization in the course of the performance of the Agreement.

11 more changed paragraphs are on the page itself.

6 paragraphs left out as page noise
  • Added (spacing or invisible characters only): Applicable Privacy Laws means any applicable privacy or data protection legislation or regulations, governing personal data protection and voice processing, including but not limited to European Data Protection Laws, and the California Consumer Privacy Act, as amended by the California Privacy Rights Act and its implementing regulations as amended or superseded from time to time ("CCPA") as well as similar laws adopted in other states. European Data Protection Laws shall have the meaning ascribed to them in the Data Processing Agreement.
  • Removed (spacing or invisible characters only): Applicable Privacy Laws means any applicable privacy or data protection legislation or regulations, governing personal data protection and voice processing, including but not limited to European Data Protection Laws, and the California Consumer Privacy Act, as amended by the California Privacy Rights Act and its implementing regulations as amended or superseded from time to time ("CCPA") as well as similar laws adopted in other states. European Data Protection laws shall have the meaning ascribed to them in the Data Processing Agreement.
  • Added (spacing or invisible characters only): 12.1. Confidential Information. "Confidential Information" means all information disclosed by a Party ("Disclosing Party") to the other Party ("Recipient"), whether orally or in writing, that is designated as confidential or, given the nature of the information and the circumstances of disclosure, should be understood to be confidential. Client's Confidential Information includes but is not limited to Client Data and Output. GRADIUM's Confidential Information includes but is not limited to the Services, the Models, the API and the Documentation. Confidential Information of each Party includes but is not limited to the non-public terms and conditions of the Agreement, pricing, business and marketing plans, technology and technical information, developments, product plans and designs, and business processes disclosed by each Party in connection with the Agreement and more generally any information exchanged pursuant to the Agreement. Confidential Information does not include information that: (i) is at the time of disclosure, or later becomes, generally known to the public through no fault of Recipient; (ii) was known to the Recipient with no obligation of confidentiality prior to disclosure by Disclosing Party, as proven by records of Recipient; (iii) is disclosed to Recipient by a third party who did not directly or indirectly obtain the information subject to any confidentiality obligation; or (iv) is at any time independently developed by Recipient without use of Disclosing Party's Confidential Information as proven by records of Recipient.
  • Removed (spacing or invisible characters only): 12.1. Confidential Information. "Confidential Information" means all information disclosed by a Party ("Disclosing Party") to the other party ("Recipient"), whether orally or in writing, that is designated as confidential or, given the nature of the information and the circumstances of disclosure, should be understood to be confidential. Client's Confidential Information includes but is not limited to Client Data and Output. GRADIUM's Confidential Information includes but is not limited to the Services, the Models, the API and the Documentation. Confidential Information of each Party includes but is not limited to the non-public terms and conditions of the Agreement, pricing, business and marketing plans, technology and technical information, developments, product plans and designs, and business processes disclosed by each Party in connection with the Agreement and more generally any information exchanged pursuant to the Agreement. Confidential Information does not include information that: (i) is at the time of disclosure, or later becomes, generally known to the public through no fault of Recipient; (ii) was known to the Recipient with no obligation of confidentiality prior to disclosure by Disclosing Party, as proven by records of Recipient; (iii) is disclosed to Recipient by a third party who did not directly or indirectly obtain the information subject to any confidentiality obligation; or (iv) is at any time independently developed by Recipient without use of Disclosing Party's Confidential Information as proven by records of Recipient.
  • Added (spacing or invisible characters only): The Parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
  • Removed (spacing or invisible characters only): The parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
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