Baidu AI Cloud Marketing Content Creation Platform Agreement

Important Notice

Before using our Services, you must ensure that you have fully understood and accepted all the terms of this Agreement (in particular, the provisions on disclaimers and limitations of liability). Once you register, log in, or use the Services, you are deemed to have fully understood and accepted all the terms of this Agreement, especially the provisions on disclaimers and limitations of liability. Any clauses that exempt or limit liability, or other important content, will be presented in boldface to draw your attention and should be read with particular care. If you are a minor under 18 years of age, you may use the Services only after carefully reading and agreeing to this Agreement under the supervision and guidance of your guardian and with your guardian’s consent. If you do not agree to this Service Agreement and/or any modifications made to it from time to time, you may cease using our Services. By using the Services, you are deemed to have understood and fully agreed to all provisions of this Service Agreement, including any modifications we may make from time to time.

1.This Agreement is entered into between you and [Beijing Baidu Netcom Science and Technology Co., Ltd.] (hereinafter, “we” or the “Company”) in relation to the production and generation services for audio, video, images and other content provided through the voice cloning, photo-based digital persona cloning, and 2D digital persona cloning functions of the Baidu AI Cloud Marketing Content Creation Platform (hereinafter, the “Marketing Content Creation Platform”). Once you register as a user of our Platform or use our Services, you are deemed to understand and agree to be bound by this Agreement. You also understand and agree to comply with our Platform’s Service Agreement and Privacy Policy (including their versions as amended from time to time). For purposes of this Agreement, the “Marketing Content Creation Platform” refers to the virtual digital-persona services that Baidu provides to you for video, live-streaming, and conversational scenarios, including Windows and macOS installation packages, the Marketing Content Creation Platform services (covering various features, cloud-hosted free/paid assets, paid customization, etc.), and related technical and network support services. The specific Services available to you shall be determined by the Services actually provided and used.

2.When you use the Platform’s voice cloning, photo‑based digital persona cloning, and 2D digital avatar cloning functionalities (collectively, the “Cloning Services”), you represent, warrant and undertake that all knowledge documents, data, text, files, materials, links any other content (including but not limited to any audio, images, or video you provide) are lawfully sourced and do not infringe the lawful rights and interests of any third party (including but not limited to personality rights such as voice rights and image rights, copyrights, patents, trademarks, and other intellectual property rights). You represent and warrant that you hold full and lawful ownership, rights of use, and intellectual property rights in and to all content you upload. Where any item requires the express consent or authorization of a third party, you have obtained such consent or authorization and possess verifiable evidence thereof. When you use our cloning features to create or modify biometric information of any person other than yourself (including, for example, facial images or voices), you must, in accordance with law, inform the individual whose information is being edited and obtain that individual’s separate, explicit consent; otherwise, you shall bear all resulting adverse consequences and liabilities. If the foregoing materials contain personal information of end users or any third party, you warrant that your collection and provision of such personal information comply with the principles of lawfulness, legitimacy, and necessity, and you further represent and warrant that our analysis and processing of such information, and our generation of new content based on your instructions, will not infringe any third party’s lawful rights and interests. To the extent permitted by law, we may display or use such content as necessary for providing the Services. Where any such content violates laws or the Platform’s agreements or policies, we may remove it.

3.You are solely responsible for all consequences arising from (a) the voices, images, videos and other information and materials you provide; (b) the activities you conduct using our Services, such as video production/generation, live-streaming and conversational services; and (c) any activities carried out through our products. We shall bear no responsibility for any of the foregoing. If your use of the Services gives rise to any direct dispute with a third party, you and that third party shall resolve the dispute yourselves and bear the corresponding legal liabilities. If such dispute or your conduct causes us any loss, you shall be liable to compensate us for the loss.

4.You shall not use the Company’s resources and Services to engage in, or permit any third party to engage in, any of the following acts:

(1) Using the Company’s resources and Services to steal, disclose, transfer, misuse, tamper with, or destroy data, trade secrets and/or information (including but not limited to TTS data, personal information, and biometric data) belonging to the Company or any other party;

(2) Prompt or otherwise induce the generation of Outputs that violate applicable laws and regulations, defeat safety filters, create hostile or abusive interactions, disrupt the normal operation of the Services, or infringe the lawful rights and interests of others or us;

(3) Use lawfully or unlawfully obtained data, trade secrets and/or information to directly or indirectly create, train or improve any product or service that is similar to or competes with the Platform or its Outputs;

(4) Reverse engineer, disassemble, decompile, compile or otherwise attempt to discover or obtain any source code, system source code, underlying components, underlying technologies, algorithms, or models of the Services or third‑party services;

(5) Upload, post, email or otherwise transmit any software viruses, worms, Trojan horses, logic bombs or other malicious or harmful code, files or programs that interfere with, damage or limit the functionality of any software, hardware or communication equipment;

(6) Illegally intrude into the Service servers, interfere with network functionality, steal network data, tamper with Service‑related code, or otherwise damage the Services; or provide programs or tools specifically for intruding into networks, interfering with normal network functions and protective measures, or stealing network data;

(7) Attempt to circumvent the Platform’s security settings or network systems, including obtaining data a user should not access, logging into servers or accounts without explicit authorization, or conduct port scanning or other probing of other networks’ security measures;

(8) Without our authorization, resell or provide the Services to others, or use the Services for commercial purposes;

(9) Damage or bypass account verification mechanisms; or

(10) Illegally clone TTS data, engage in unfair competition, infringe intellectual property, or engage in any other unlawful acts.

5.You fully understand and agree that the Services only provide the functionalities described in this Agreement and do not replace your own judgment or decision‑making. You understand the risks of illegal or improper acts (or information) by others that may occur when using the Services; you must make your own judgments and take your own actions, and you bear such risks solely.

6.When you use the voice cloning, photo-based digital persona cloning, and 2D digital persona cloning products and related Services—and with respect to any information you input, output/generate, produce, upload, publish, or disseminate—you shall voluntarily comply with applicable laws, administrative regulations, and normative documents; maintain public order; respect public morality and ethical standards; uphold the Core Socialist Values; safeguard national interests; respect the lawful rights and interests of others; observe standards of public decency; and ensure the truthfulness of information. Otherwise, we may take appropriate measures immediately.You undertake that, in using the cloning products and related Services, you shall not, and shall not permit or assist any person to, use the Services to engage in any of the following acts:

(1) Oppose the fundamental principles established by the Constitution;

(2) Endanger national security, disclose state secrets, subvert state power, overthrow the socialist system, damage the national image, incite the division of the country, or undermine national unity;

(3) Damage national honor and interests or attack the Communist Party of China and government;

(4) Infringe the public interest or disrupt economic and social order;

(5) Incite or advocate ethnic hatred or discrimination, or undermine ethnic unity;

(6) Insult, abuse, or misappropriate the image of national heroes, deny their deeds, or glorify wars of aggression;

(7) Undermine national religious policies or promote cults or feudal superstitions;

(8) Spread rumors, vulgar or obscene language, or false information, disrupt social order or public decency, or undermine social stability;

(9) Promote obscenity, pornography, gambling, violence, homicide, terrorism or extremism, or instigate crimes;

(10) Incite illegal assemblies, associations, marches, demonstrations or gathering crowds to disrupt social order;

(11) Insult, vilify, defame or otherwise harm others; disclose others’ privacy, personal information or materials; or infringe others’ rights of reputation, portrait, voice, privacy, intellectual property or other lawful rights; or

(12) Infringe the lawful rights and interests of minors or harm their physical or mental health.

(13) Undermining international relations or international peace and stability.

(14) Engaging in personal attacks or other uncivil conduct such as insulting, defaming, intimidating, or cursing others.

(15) Making statements directed at the groups listed below that involve cursing, discrimination, hatred, denial of human dignity, or prejudice, and that cause or may cause physical or psychological harm to that person or to others—including but not limited to discrimination based on ethnicity, religion, nationality, gender, sexual orientation, age, occupation, health status, or region. Such groups include persons of different nationalities, regions, genders, gender identities, sexual orientations, races, ethnicities, health conditions, professions, ages, beliefs, and persons with disabilities.

(16) Content involving terrorism, graphic violence or gore, highly dangerous activities, or content harmful to the physical or mental health of the performer or others.

(17) Cursing, intimidating, or threatening others.

(18) Producing, reproducing, publishing, or disseminating false information.

(19) Producing, reproducing, publishing, or disseminating information related to telecommunications or online fraud, or engaging in fraud-related activities.

(20) Any other content prohibited by laws, administrative regulations, policies, or public order and good morals; or content that interferes with the operation of this Platform or infringes the lawful rights and interests of other users or third parties. You may submit complaints or reports to us regarding unlawful or non-compliant conduct, illicit dissemination activities, or illegal and harmful information; we will accept and handle your complaint/report in a timely manner to help maintain a clean and upright online environment.

7.You may distribute or publish on third-party platforms the audio and video content that you produce/generate using our Platform. You must ensure that your use of such content complies with this Agreement, the applicable agreements and other terms of the relevant third-party platforms, and all applicable laws, regulations, and normative documents.With respect to Outputs generated on the Marketing Content Creation Platform from the Inputs you submit, we do not claim ownership of the corresponding intellectual property rights; you, or the third party that holds such rights, shall own the rights in those Outputs. If the Inputs and/or Outputs themselves contain any content in which we own intellectual property or other lawful rights and interests, the relevant rights shall remain ours and are not altered by virtue of being included in the Outputs.

8.To comply with applicable laws and regulations and to ensure service quality, you fully understand and agree to authorize us—provided that we process service-related data in a manner compliant with such laws and regulations—to use relevant data for service performance optimization, system fault diagnosis, and risk control/management. If you object to such processing, you may provide feedback to us using the methods set out in this Agreement.

9.If you publish or disseminate outside the Services any outputs generated by the AI models under the Services, you shall: (i) proactively verify the truthfulness and accuracy of the outputs to avoid spreading false information; (ii) prominently indicate that the content is generated by artificial intelligence so as to inform the public of its synthetic nature; and (iii) refrain from publishing or disseminating any outputs that violate this Service Agreement.

10.If you violate the foregoing requirements, we may at any time restrict or refuse your use of the account, suspend or terminate the Services, or even cancel your account; we may delete any content that you produce/generate/create on our Platform and/or block the distribution or publication on third-party platforms of any content you produce/generate/create.

11.If your violation of laws and regulations, the Service Agreement, or this Agreement results in penalties, breach of contractual obligations, or infringement of any third party’s lawful rights and interests, you shall resolve the matter on your own and bear the corresponding liabilities. If this causes us any loss, we are entitled to seek full indemnification from you for all losses thereby suffered (including direct losses, indirect losses, and loss of anticipated profits), and you shall bear all reasonable costs we incur in enforcing our rights (including but not limited to attorneys’ fees, travel expenses, notarization fees, and litigation costs).

12.You understand and agree that, in accordance with applicable laws and regulations or upon the request of competent authorities, we may restrict or freeze your account. In such circumstances, you may be unable to continue to log in to or use your account. Where the relevant rules require or recommend that we conduct further account verification, you agree to cooperate. To comply with requests from regulators, law-enforcement authorities, or judicial bodies, or as necessary to handle litigation or other disputes involving you, we may (and may require your cooperation to) provide such authorities with information related to your account, including but not limited to your registration information, log-in information, real-name verification information, linking/binding information, and other information that evidences account ownership or reflects your account usage.

13.Baidu is the developer and operator of the Services and, to the extent permitted by applicable laws and regulations, retains all rights in and to all data and information generated in the course of the development and operation of the Services, except where rights are, by law, vested in the relevant rightsholders.

14.The intellectual property rights (including copyrights, trademarks, patents and other intellectual property rights) in the content provided by Baidu in the Services—including but not limited to software, technology, programs, code, user interfaces, webpages, text, pictures, images, audio, video, charts, layouts, trademark, and documentation—are owned by Baidu, except for rights that rightsholders should enjoy in accordance with law.

15.You acknowledge, understand and agree that if, under applicable law, you hold rights (including but not limited to intellectual property rights and image rights) in your inputs (including all content you upload or publish when using the Services) and/or outputs, your use of the Services shall not result in the transfer or diminishment of such lawful rights, unless otherwise agreed between you and us. You understand and agree that, to the extent permitted by law and for the purpose of providing the Services, Baidu may store and use the content you upload or publish (including but not limited to reproduction, distribution, transmission, public display, and editing).

16.The Services may contain third‑party components or services. Baidu and such third parties shall bear their respective responsibilities within the scope permitted by laws and regulations. Your use of third‑party components and services is subject to the applicable terms of such third parties (for example, if your inputs are illegal or contain inappropriate content, certain third-party services may refuse to generate outputs for you). You understand and agree that, to the extent permitted by law, any dispute arising between you and any third party from the use of the Services is a direct dispute between you and that third party, and you unconditionally waive any and all rights to claims, demands, fines, compensation, and damages (whether actual or indirect) against Baidu arising from or relating to such disputes.

17.We will, as required by laws and regulations, add labeling to AI‑generated synthetic content (including textual, graphical or other prominent and unambiguous indicators in generated content or interactive interfaces)

18.(including explicit labels presented in textual, audio, graphical, or other prominent and perceptible forms within generated content or interactive interfaces, and/or implicit labels added through technical measures in the file data of generated content that may not be readily perceptible to users) to disclose its synthetic nature. If you require us to provide generated content without an explicit label, you must, as required by laws and regulations, add the relevant labels yourself and use such content in compliance with applicable laws, regulations and rules. You shall not use the resources and Services we provide to engage in, or permit any third party to engage in, the malicious removal, alteration, fabrication, or concealment of labels that we apply to AI-generated synthetic content—including (i) explicit labels added to generated synthetic content or to interactive interface pages (presented by text, audio, graphics, etc., and readily perceptible to users) and/or (ii) implicit labels embedded by technical means in the file data of generated synthetic content that are not readily perceptible to users. Nor may you provide tools or services for others to carry out any of the foregoing, or otherwise harm the lawful rights and interests of others through improper labeling practices. If you publish or disseminate outputs generated by AI models under these Services, you shall fulfill the labeling obligations under applicable laws and regulatory requirements.

19.Baidu may, due to business development needs or changes in laws and regulations, change all or part of the Services and/or the manner in which they are provided at any time, or suspend or terminate the Services. You agree that Baidu shall not be liable to you or any third party for any consequences arising therefrom.

20.Unless otherwise agreed by the parties, the interpretation and application of this Agreement, and any dispute arising from or relating to this Agreement, shall be governed by the laws of the People’s Republic of China (excluding its conflict‑of‑laws rules) and submitted to the people’s court with jurisdiction in Haidian District, Beijing.

21.If you have any opinions or suggestions regarding the Services or this Agreement, you may email DigitalHuman@baidu.com, or contact us at the following address: Legal Department, Beijing Baidu Netcom Science and Technology Co., Ltd. No. 10 Shangdi 10th Street, Haidian District, Beijing, China Postcode: 100085

22.In the event of any inconsistency between this Agreement and the Chinese version,大陆用户平台协议 the Chinese version shall prevail.

Beijing Baidu Netcom Science and Technology Co., Ltd. Updated: 09, 09, 2025 Effective: 09, 00, 2025