Please read these Terms of Service ("Terms") carefully as they are the binding terms and conditions that apply to the use of the online services offered as TechSmith Labs Experiments (the "Service").
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING "AGREE" OR BY ACCESSING OR USING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. If you accept or agree to these Terms on behalf of, or in your capacity as an employee, agent, or representative of a company or other legal entity, you represent and warrant that you have the authority to bind the company or other legal entity to these Terms and, in such event references to "you" will refer and apply to that company or other legal entity.
The Service is provided by TechSmith Corporation (referred to herein as "TechSmith" or "we" or "us"), a company incorporated under the laws of the State of Michigan whose principal business address is 14 Crescent Road, East Lansing, MI 48823-5708 U.S.A.
TechSmith reserves the right to amend these Terms from time to time by posting a revised version of these Terms to the site associated with the Service. By continuing to use the Service, you agree to be bound by the most recent version of these Terms. TechSmith shall use reasonable measures to notify users of the Service when a new version of these Terms is available but is under no obligation to obtain your further consent or acknowledgement for you to be bound to any new version of these Terms.
"Content" means any video, audio, data, music, still images, and any other output generated by the user of the Service.
"Generative AI Feature" means the process by which prompts are used with an LLM and the content submitted by the user to create the output.
Subject to your compliance with these Terms, TechSmith and its suppliers and licensors grants to you a limited, fully-paid, royalty-free, non-exclusive, and non-transferable, license to access, publicly display, modify, create derivative works of, alter, archive, and otherwise use the Service solely for your business or personal purposes to create Content in conjunction with your use of TechSmith products and services. These Terms govern your access to and use of the Service including an optional feature that enables the use of a third-party generative artificial intelligence platform provided by an authorized third party (the "Generative AI Feature"). The access, licensing, and use of any other TechSmith products and services other than the Service is subject to the corresponding terms and conditions provided with those products and services. You acknowledge and agree that but for these Terms, you would have no rights or access to the Service.
You agree that you shall not:
further, you agree not to use the Service:
TechSmith operates the Service 24 hours a day, 7 days a week, except when the Service is interrupted or temporarily unavailable for maintenance, upgrades and emergency repairs or may be unavailable due to the failure of telecommunications links and equipment that are beyond the control of TechSmith. You agree that TechSmith shall not be liable to you for any unavailability, suspension or discontinuance of the Service.
Additionally, TechSmith reserves the right to modify or terminate the Service for any reason and without notice at any time.
TechSmith has a firm commitment to safeguarding your privacy and providing you choices about marketing communications you receive from us. To learn more about TechSmith and privacy, visit our privacy page at https://www.techsmith.com/privacy-policy.html.
All trade names, trademarks, service marks, logos and other brand features (collectively, "Marks") used in this Service which identify TechSmith or third parties and their products and services are proprietary Marks of TechSmith and/or the relevant third parties. Except as expressly stated herein, nothing in this Service shall be deemed to confer on any person any license or right on the part of TechSmith or any third party with respect to any such Marks.
Unless otherwise stated herein, TechSmith is and shall remain the owner or licensee, as applicable, of all intellectual property rights, including, but not limited to, copyright, patent, and database rights in the Service and all TechSmith created and owned content and materials used by TechSmith in connection with providing the Service. You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of the Service or TechSmith created and owned content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set forth herein.
As indicated above, the Service contains a Generative AI Feature to aid in the creation of content. By configuring and using the Generative AI Feature, you expressly consent to your content being shared by TechSmith for processing by an authorized third party. You further grant to TechSmith an unrestricted, perpetual, non-exclusive, fully-paid and royalty-free, license, with the right to sublicense any such rights to TechSmith's contractors, including contractors supporting the Generative AI Feature, to reproduce, distribute, display, and otherwise use your created content solely as necessary to provide the Generative AI Feature. TechSmith has no obligation to report on use of your created Content or data associated with the same. You are prohibited from using web scraping, web harvesting, or web data extraction methods to extract data from the Generative AI Feature.
These Terms shall be governed by the laws of the State of Michigan, U.S.A. to the extent U.S. federal laws are not applicable, without regard to their conflicts of law principles. The application of the United Nations Convention on Contracts for International Sale of Goods is expressly excluded. You agree to the exclusive jurisdiction of the Courts of the State of Michigan, U.S.A. and the United States federal district court located in Ingham County, Michigan, U.S.A. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. The parties to these Terms waive personal service of any and all process upon them and consent that all such service of process be made by registered mail and shall be deemed to be completed 5 business days after the same shall have been deposited in the United States mail, postage prepaid. You waive any objection based on forum non conveniens and any objection to venue of any action instituted under these Terms by TechSmith in any jurisdiction.
These Terms, together with all documents incorporated herein by reference, constitute the entire agreement between TechSmith and you with respect to your use of the Service. TechSmith's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
To use the Service you must be 18 years or over. By using the Service, you expressly accept and agree to these Terms.
You are responsible for all of the Content you create in conjunction with the Service. You agree that you have the legal right to use all Content.
TechSmith does not control the content you upload or that is generated by the AI at your instruction and does not have any obligation to monitor such content for any purpose beyond what is necessary to provide and operate the Service. You acknowledge that you are solely responsible for all content and activity that occurs in your use of the Service.
You hereby grant to TechSmith an unrestricted, perpetual, non-exclusive, fully-paid, and royalty-free, license to reproduce, distribute, display, and otherwise use your Content as necessary to provide you with the Services. In addition, you grant us the right to use such Content and/or data to improve the quality of the Software, including the Generative AI Feature.
You agree that TechSmith may at any time without notice:
THE SERVICE, TECHSMITH'S SITES, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY TECHSMITH "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONĀ INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, TECHSMITH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, TECHSMITH SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, TECHSMITH'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF TECHSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
May 8, 2025