When you upload audio, video, or other content to Descript, you give the company a broad, global license to use that content, including to train its AI systems.
This analysis describes what Descript's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Your uploaded recordings, including voice and video, may be used to train Descript's AI models such as its voice cloning and transcription features, which goes beyond what is needed to simply provide you the editing service.
Interpretive note: The scope of 'biometric data' under applicable state laws and whether a general terms acceptance satisfies informed written consent requirements under BIPA and analogous statutes is legally uncertain and jurisdiction-dependent.
Your audio and video uploads, which may include your voice recordings and likeness, can be used by Descript to improve its AI products, including voice cloning technology, with implications for how your biometric data is used commercially.
How other platforms handle this
When you use AI features of the Services, you acknowledge that your inputs may be processed by third-party AI providers. ClickUp may use anonymized and aggregated data derived from your use of the Services to improve and train AI models and features.
We may use the content you provide to us, including prompts and generated images, to train and improve our AI models and services.
engage in any of the foregoing in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology ("AI Tool").
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"By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed. You agree that this license includes the right for Descript to use your Content to provide, improve, and develop the Services, including training machine learning models.— Excerpt from Descript's Descript Terms of Service
REGULATORY LANDSCAPE: This provision implicates GDPR Article 6 (lawful basis for processing) and Article 9 (special category data, which may include biometric data processed to identify individuals) for EU users. For Illinois users, the Illinois Biometric Information Privacy Act (BIPA) requires informed written consent before collecting or using biometric identifiers including voiceprints. The CCPA and CPRA provide California residents rights regarding the use of personal information including voice data for AI training purposes. FTC Act Section 5 authority over unfair or deceptive data practices is also engaged. GOVERNANCE EXPOSURE: High. The assertion that Descript may use uploaded content including voice recordings to train machine learning models constitutes potential biometric data processing under BIPA and analogous state laws. The broad sublicensing right also raises questions about which third parties may access or use this content in AI training pipelines. JURISDICTION FLAGS: Illinois users face the highest exposure under BIPA, which provides a private right of action and statutory damages. Texas and Washington have analogous biometric privacy statutes. EU and EEA users are protected by GDPR, which may require a distinct lawful basis beyond general terms acceptance for biometric data processing. The EU AI Act's requirements for transparency and data governance in AI systems may also apply to Descript's training data practices. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers whose employees use Descript should assess whether employee voice recordings uploaded to the platform are covered by this license and whether this conflicts with employment agreements or internal data governance policies. The sublicensing right warrants scrutiny in procurement reviews to understand which downstream vendors or AI partners may receive access to customer content. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether Descript's consent mechanism at account creation satisfies BIPA's written consent requirement for biometric data collection. Data mapping exercises should document voice recording flows and retention periods. GDPR-facing operations may require a Data Protection Impact Assessment (DPIA) for AI training use of biometric voice data. Contracts with enterprise customers should address this license scope in DPA terms.
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Your uploaded recordings, including voice and video, may be used to train Descript's AI models such as its voice cloning and transcription features, which goes beyond what is needed to simply provide you the editing service.
Your audio and video uploads, which may include your voice recordings and likeness, can be used by Descript to improve its AI products, including voice cloning technology, with implications for how your biometric data is used commercially.
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