Customer is contractually responsible for obtaining free and informed consent from any individual whose voice or likeness is used to create a Custom Avatar, and for ensuring that individual is above the applicable statutory legal age. This obligation rests entirely with the Customer, not Synthesia.
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 places the legal and operational burden of consent documentation and age verification for Custom Avatar creation on the Customer organization. Non-compliance could result in both contractual liability to Synthesia under the Customer indemnification clause and direct regulatory exposure under biometric data laws and right-of-publicity statutes.
Under this clause, any organization using Synthesia to create Custom Avatars must independently verify that the individual whose voice or likeness is being used has provided free and informed consent and is above the applicable statutory legal age, with the agreement assigning sole responsibility for this obligation to the Customer.
Cross-platform context
See how other platforms handle Custom Avatar Consent Requirement and similar clauses.
Compare across platforms →"Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to Customer's use of the Services, including the use of any Avatars, and of any settings that may impact the processing or generation of Customer Data, (b) ensure any submission, processing, use or generation of Customer Data is lawful, and (c) ensure that when it authorizes the creation or use of a Custom Avatar using the voice or likeness of an individual, such individual is over the applicable statutory legal age and has provided free and informed consent.Excerpt from Synthesia's Terms of Service
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This provision places the legal and operational burden of consent documentation and age verification for Custom Avatar creation on the Customer organization. Non-compliance could result in both contractual liability to Synthesia under the Customer indemnification clause and direct regulatory exposure under biometric data laws and right-of-publicity statutes.
Under this clause, any organization using Synthesia to create Custom Avatars must independently verify that the individual whose voice or likeness is being used has provided free and informed consent and is above the applicable statutory legal age, with the agreement assigning sole responsibility for this obligation to the Customer.
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