Telnyx AI-Enabled Services Addendum v2.0
This AI-Enabled Services Addendum ("AI Addendum") appends the Terms and Conditions and forms part of the "Agreement" (as defined therein). Except as expressly modified below, the Agreement (including the Terms and Conditions, Acceptable Use Policy, Privacy Policy, and Data Processing Addendum) apply in full to the AI Features described here. If there is a direct conflict, this AI Addendum controls only with respect to AI Features, except that, with respect to the processing of Personal Data, the Data Processing Addendum controls in accordance with Section 12.1 thereof. Subject to the foregoing, nothing in this Addendum reduces or limits any Telnyx rights or remedies under the Agreement. Capitalized terms not defined here have the meanings given in the Agreement.
BY ENABLING OR USING ANY AI FEATURE (THE FIRST DATE ON WHICH EITHER OCCURS, THE "EFFECTIVE DATE"), CUSTOMER AGREES TO BE LEGALLY BOUND BY THIS AI ADDENDUM, INCLUDING ANY UPDATES. PLEASE REVIEW THIS ADDENDUM CAREFULLY. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THIS AI ADDENDUM, CUSTOMER SHOULD NOT CLICK THE "ACCEPT" BUTTON AND SHOULD NOT USE ANY TELNYX AI FEATURE.
1. Definitions
“AI Feature” means any Telnyx functionality or service that uses artificial-intelligence (AI) or machine-learning (ML) technology to transform, transcribe, classify, predict or generate content. AI Features are a subset of the "Services."
“AI Laws” means all laws, regulations and binding regulatory guidance, in any jurisdiction, governing the development, provision, deployment, transparency or use of artificial intelligence, including laws requiring disclosure of AI interaction or of AI-generated content, laws governing synthetic voice or likeness, and laws prohibiting or restricting specified AI practices.
“Input Data” means data or content that Customer (including its users or agents) submits to an AI Feature, including any personal data.
“Output” means data or content generated by an AI Feature in response to the Input (which may be identical or similar to content provided to other customers).
“Synthetic Content” means Output consisting of audio, image, video or text content that has been artificially generated or manipulated by an AI Feature.
“High-Risk Activities” mean operation of nuclear facilities, air-traffic control, life-support, medical diagnosis or treatment without review by a licensed healthcare professional, autonomous vehicles, weapons or CBRN materials, disruption of critical infrastructure, or any activity where AI failure could lead to death, personal injury or severe environmental damage.
“Third-Party Technology” means any AI or ML model or service supplied by a third-party provider that Telnyx uses to power an AI Feature.
2. Data Processing
Customer grants Telnyx and its affiliates the right to process Input Data and Output (a) to provide, maintain, secure, support and troubleshoot the AI Features; (b) subject to Sections 3.1 and 3.5 of the DPA, to develop and improve Telnyx's products, services and AI Features; and (c) where Input Data or Output does not contain Personal Data, to develop and improve the AI Features without restriction (collectively, the "Permitted Purpose"). Customer agrees it has, and will continue to have, the right to disclose or provide access to Input Data to Telnyx and its affiliates for processing in accordance with this AI Addendum and the DPA. Customer grants Telnyx and its affiliates the right to retain Output only as necessary for the Permitted Purpose and in accordance with Section 3.6 of the DPA. The rights granted in this Section 2 are subject to the DPA, including the restrictions in Section 3.1 of the DPA on the use of Customer Content (including Input Data and Output).
3. Activation and De-activation
3.1 Opt-In Required
AI Features are disabled by default. Customer must affirmatively enable the AI Feature in the Telnyx portal or via documented API before use.
3.2 Disabling
Where possible, Customer may disable any AI Feature at any time; disabling prevents new Input from being processed but Input Data and Output previously processed remain subject to the DPA, including Sections 3.1 and 3.6.
4. Third-Party Technology
4.1 Sub-processing
Customer authorizes Telnyx to transmit Input Data to, and receive Output from, the Third-Party Technology providers identified in the “AI Services Sub-processors” section of the Sub-processors List (as defined in the DPA), as updated from time to time in accordance with the DPA.
4.2 Flow-Down Terms
Customer will comply with any provider-specific terms identified in the Documentation (as defined in the DPA) or on the Sub-processors List.
5. Data Use
5.1
Customer grants Telnyx a worldwide, non-exclusive, royalty-free license to use, host, process and display Input Data and Output to: (i) provide and maintain the AI Features; (ii) secure and troubleshoot the Services; and (iii) subject to the DPA, improve Telnyx services.
5.2 Sensitive Data
Customer will not submit PHI (HIPAA), PCI card-holder data or other regulated data unless the parties have executed an applicable addendum (e.g., BAA) and Customer has appropriately configured the AI Feature for compliance.
6. Acceptable Use for AI Features
Customer and its end users shall comply with the AUP and all AI Laws applicable to Customer’s use of the AI Features and to any product, service or AI system Customer develops, configures, brands or operates using an AI Feature. Further, Customer and its end users will not use any AI Feature:
(a) in High-Risk Activities;
(b) to develop, train or fine-tune competing AI models;
(c) to mislead anyone into believing Output was created solely by a human, or to impersonate any natural person without that person’s prior documented consent;
(d) for any practice prohibited by applicable AI Laws, including unlawful emotion recognition or biometric categorization, or the generation or manipulation of non-consensual intimate content or child sexual abuse material; or
(e) in any manner prohibited by the AUP.
6A. Roles and Transparency
6A.1 Roles
As between the parties, Customer is the operator, deployer or user (however designated under applicable AI Laws) of each AI Feature it uses, and the developer or provider of any product, service or AI system that Customer builds, configures, brands or makes available using an AI Feature. Nothing in this Addendum makes Telnyx the developer, provider or deployer of any such Customer product, service or AI system.
6A.2 Interaction disclosure
Where an AI Feature (including any voice assistant, AI agent or chatbot on voice, messaging or any other channel) interacts directly with natural persons, Customer shall ensure those persons are clearly informed, no later than the start of the interaction, that they are interacting with an AI system, in each case to the extent required by applicable AI Laws or where the AI nature of the interaction would not otherwise be apparent to a reasonable person. Telnyx may make disclosure tooling available; use of such tooling does not relieve Customer of this obligation.
6A.3 Synthetic Content disclosure
Customer shall provide any disclosure required by applicable AI Laws that Synthetic Content has been artificially generated or manipulated, including where Synthetic Content depicts a real person, place or event, or is published to inform the public.
6A.4 Preservation of markings
Customer shall not remove, disable, circumvent, strip or degrade any watermark, metadata, content credential or other machine-readable marking applied to Output by Telnyx or by a Third-Party Technology provider, and shall preserve such markings in its downstream processing and distribution of Output where technically feasible.
6A.5 Cooperation
Customer shall provide Telnyx with reasonable assistance and information requested by a competent authority in connection with the AI Features, and shall notify Telnyx without undue delay of any regulatory inquiry relating to its use of an AI Feature.
6B. Regulated and High-Impact Uses
Where Customer uses an AI Feature for a use that is designated high-risk or subject to heightened obligations under applicable AI Laws, including decisions that produce legal or similarly significant effects concerning employment, credit, housing, insurance, education, healthcare or access to essential services, Customer shall: (i) comply with all obligations applicable to such use, including any human oversight, risk management, record-keeping and transparency requirements; (ii) not use Output as the sole basis for any such decision; and (iii) ensure that any Output constituting medical, legal, financial or other professional advice is reviewed by an appropriately qualified professional before use or reliance.
7. End-User Consents (Voice/Audio)
Customer's obligations set forth in the Agreement regarding Transcription Services apply equally to every AI Feature that records, transcribes or analyzes communications, including voice assistants, summarization, sentiment analysis or voice cloning. Customer shall not create, or cause an AI Feature to create, a synthetic voice that resembles an identifiable natural person unless Customer has first obtained that person’s informed, documented consent, which Customer shall retain for as long as required by applicable law and in any event for at least three years after the term of the Agreement, and shall provide a copy to Telnyx on request.
8. AI-Specific Disclaimer
Output is generated by probabilistic models and may be inaccurate, offensive or non-unique. Customer must independently review Output before publishing or relying on it and bears all risk arising from its use. Customer shall adhere and follow any applicable documentation with respect to any AI Feature.
8A. Output Marking
Telnyx may apply, or may rely on Third-Party Technology providers to apply, machine-readable markings to Synthetic Content at the point the Output is generated. Customer acknowledges that such markings may not survive transcoding, compression, editing, re-recording or transmission of Output over telephony networks or third-party platforms, and Telnyx makes no representation or warranty that any marking will persist beyond the Output as delivered by the AI Feature. Telnyx may change its marking methods, and the Third-Party Technology providers it relies on, at any time. Telnyx does not represent that any marking satisfies Customer's own obligations under AI Laws.
9. Modifications to AI Features
Telnyx may modify, suspend or discontinue any AI Feature at any time.
10. Indemnification
Customer shall indemnify and hold harmless Telnyx against any and all claims, expenses, liabilities, losses or other damages (including attorneys' fees and expenses, and any fines or penalties imposed by a competent authority) resulting from the failure of Customer to comply with this Addendum or any AI Law.
11. Third-Party AI Providers
The Third-Party Technology providers for the AI Features are identified in the section of the Sub-processors List titled “AI Services Sub-processors” (available at www.telnyx.com/legal/subprocessors, as updated from time to time in accordance with the DPA). The Sub-processors identified in that section pertain solely to the AI Features as defined in this AI Addendum.
