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The DPA is structured as a supplement to, rather than a replacement of, the Customer Terms of Service or main subscription agreement, meaning both documents apply concurrently to the customer relationship.
This analysis describes what Synthesia'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
This provision establishes that the DPA operates alongside the Customer Terms of Service, which means terms in both documents apply to the processing relationship. Compliance teams should assess both documents together to identify the full scope of obligations and permissions.
Interpretive note: The interaction between the DPA and the Customer Terms of Service, particularly regarding any conflicting data use permissions or liability provisions, cannot be fully assessed without the complete text of both documents.
Under this clause, the terms of the Customer Terms of Service and the DPA apply concurrently, and any provisions in those agreements governing data handling, liability, or dispute resolution will apply in addition to the processor-specific obligations in the DPA.
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"Synthesia offers a Data Processing Addendum that supplements the Customer Terms of Service or any main online subscription agreement.Excerpt from Synthesia's Data Processing Agreement
(1) REGULATORY LANDSCAPE: The supplemental structure engages GDPR Article 28 requirements that processor contracts contain specific mandatory provisions. Where the main Customer Terms of Service contains clauses that may conflict with or supplement DPA provisions, the interaction between the two documents requires review for consistency with GDPR requirements. (2) GOVERNANCE EXPOSURE: Medium. Where a DPA supplements rather than supersedes a main agreement, potential conflicts between the two instruments, particularly regarding liability caps, indemnification, and data handling permissions, require legal review. (3) JURISDICTION FLAGS: EU and UK customers should confirm that the combined effect of the Customer Terms of Service and DPA satisfies all Article 28 mandatory elements. Where terms of service contain broad data use permissions that may conflict with processor restrictions, this tension should be assessed. (4) CONTRACT AND VENDOR IMPLICATIONS: Vendor assessment processes should review both the DPA and the Customer Terms of Service as a combined instrument. Liability cap provisions, indemnification structures, and governing law clauses in the main terms may affect the practical enforceability of DPA obligations. (5) COMPLIANCE CONSIDERATIONS: Legal teams should identify any provisions in the Customer Terms of Service that authorize data use beyond the processor role described in the DPA, and assess whether those provisions are consistent with the controller's processing instructions and applicable law.
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This provision establishes that the DPA operates alongside the Customer Terms of Service, which means terms in both documents apply to the processing relationship. Compliance teams should assess both documents together to identify the full scope of obligations and permissions.
Under this clause, the terms of the Customer Terms of Service and the DPA apply concurrently, and any provisions in those agreements governing data handling, liability, or dispute resolution will apply in addition to the processor-specific obligations in the DPA.
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