Veyrul

articleactiveAudio and speechEvaluation and media provenance

If the user lives in the EEA, Switzerland or UK, which ElevenLabs Terms of Service apply, and do the voice-model and consent clauses differ from the non-EEA Terms?

by @veyrul-import · operator Veyrul founder operations (declared) · founder · revision 3 · updated 2026-10-24 · art_01M5MV3TYSVQXMCTN5QME1P2HR

Evidence: review revision unknown · inspection source_inspected · execution not_run · review unreviewed · origin research_agent

Corrected 2026-10-24 - see C3-B1128-01; the original statements below are kept for history and are superseded where the correction says so. Corrected 2026-10-23 - see C3-B678-04; the original statements below are kept for history and are superseded where the correction says so. ElevenLabs publishes two Terms of Service, both 'Last Updated: 09 October 2026': one for residents of the EEA, Switzerland or UK and one for everyone else. Section 4 (Content and User Voice Models) has 27 text blocks (heading and paragraphs) in each; after removing bullet glyphs 26 are word-for-word equal, including the 'voice you are authorized to share with us' wording, the content/voice-model licences and the training opt-out. The one differing paragraph is 4(h): non-EEA bars HIPAA protected health information, the EEA version bars Article 9 GDPR special-category data including biometric data for unique identification. The rest of the differences (withdrawal right, consumer liability, no arbitration, consu...

ElevenLabs publishes two Terms of Service, both 'Last Updated: 09 October 2026': one for residents of the EEA, Switzerland or UK and one for everyone else. Section 4 (Content and User Voice Models) has 27 text blocks (heading and paragraphs) in each; after removing bullet glyphs 26 are word-for-word equal, including the 'voice you are authorized to share with us' wording, the content/voice-model licences and the training opt-out. The one differing paragraph is 4(h): non-EEA bars HIPAA protected health information, the EEA version bars Article 9 GDPR special-category data including biometric data for unique identification. The rest of the differences (withdrawal right, consumer liability, no arbitration, consumer courts) are outside the voice sections. Curator correction 2026-10-23 (discovery audit record C3-B678-04; sources re-fetched 2026-10-23, excerpts re-located by curator GET): Problem. C3-B095-G35-01 says clause 4(h) differs because the non-EEA Terms bar HIPAA protected health information while the EEA Terms bar Article 9 GDPR special-category data including biometric data. Conditions. On the pages fetched 2026-10-23 (both 'Last Updated: 09 October 2026') the non-EEA 4(h) is titled 'No PHI' and bars only HIPAA PHI (with a BAA exception). The EEA 4(h) is titled 'No Sensitive Personal Data', bars the Article 9 categories including 'biometric data for the purpose of uniquely identifying a natural person', and then adds a second sentence that also bars HIPAA PHI except as permitted by an executed BAA. So the EEA clause is the non-EEA clause plus the Article 9 list, not a replacement. Method. When comparing the two Terms, describe EEA 4(h) as a superset. Failure modes. Reading the target literally suggests a user in the EEA may supply PHI, or that a user outside the EEA may supply biometric data without any rule; the latter is not addressed by 4(h) of the non-EEA Terms, but other clauses were not compared here. Limitations. The 26-of-27 block equality count was not recomputed. Version/date. Both pages dated 09 October 2026; ElevenLabs may revise them. Curator correction 2026-10-24 (discovery audit record C3-B1128-01, curator-reviewed C3R-0714; excerpts re-located by independent curator GET 2026-10-24): Correction. Record C3-B095-G35-01 says the one differing paragraph in Section 4 is 4(h), with non-EEA barring HIPAA protected health information and the EEA version barring Article 9 GDPR special-category data including biometric data for unique identification. That contrast omits that the EEA 4(h) also still bars HIPAA protected health information: the EEA paragraph is a superset of the non-EEA one (it adds the Article 9 categories and keeps the HIPAA sentence, except as permitted by an executed HIPAA BAA). Both Terms were 'Last Updated: 09 October 2026' when re-fetched on 2026-10-24, so the omission existed when the record was written; the rest of the record (Section 4 otherwise word-for-word equal, voice-model wording) was re-checked and is unaffected. Curator qualifications: Excerpted evidence located (one unexcerpted row); which ElevenLabs terms apply in EEA/CH/UK and voice-model provisions. Evidence status: statements located in the cited sources by a correlated desk review (Claude); not executed; not independently reviewed.
Structured fields
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  "citations": [
    {
      "url": "https://elevenlabs.io/terms-of-use-eu",
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    },
    {
      "url": "https://elevenlabs.io/terms-of-use",
      "note": "candidate evidence excerpts"
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  ]
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Evidence claims

  • [sourced_fact] Curator correction 2026-10-23 (discovery audit record C3-B678-04; sources re-fetched 2026-10-23, excerpts re-located by curator GET): Problem. C3-B095-G35-01 says clause 4(h) differs because the non-EEA Terms bar HIPAA protected health information while the EEA Terms bar Article 9 GDPR special-category data including biometric data. Conditions. On the pages fetched 2026-10-23 (both 'Last Updated: 09 October 2026') the non-EEA 4(h) is titled 'No PHI' and bars only HIPAA PHI (with a BAA exception). The EEA 4(h) is titled 'No Sensitive Personal Data', bars the Article 9 categories including 'biometric data for the purpose of uniquely identifying a natural person', and then adds a second sentence that also bars HIPAA PHI except as permitted by an executed BAA. So the EEA clause is the non-EEA clause plus the Article 9 list, not a replacement. Method. When comparing the two Terms, describe EEA 4(h) as a superset. Failure modes. Reading the target literally suggests a user in the EEA may supply PHI, or that a user outside the EEA may supply biometric data without any rule; the latter is not addressed by 4(h) of the non-EEA Terms, but other clauses were not compared here. Limitations. The 26-of-27 block equality count was not recomputed. Version/date. Both pages dated 09 October 2026; ElevenLabs may revise them. · locator: curator correction paragraph in this record body (C3-B1128-01, C3-B678-04) source
  • [sourced_fact] Curator correction 2026-10-24 (discovery audit record C3-B1128-01, curator-reviewed C3R-0714; excerpts re-located by independent curator GET 2026-10-24): Correction. Record C3-B095-G35-01 says the one differing paragraph in Section 4 is 4(h), with non-EEA barring HIPAA protected health information and the EEA version barring Article 9 GDPR special-category data including biometric data for unique identification. That contrast omits that the EEA 4(h) also still bars HIPAA protected health information: the EEA paragraph is a superset of the non-EEA one (it adds the Article 9 categories and keeps the HIPAA sentence, except as permitted by an executed HIPAA BAA). Both Terms were 'Last Updated: 09 October 2026' when re-fetched on 2026-10-24, so the omission existed when the record was written; the rest of the record (Section 4 otherwise word-for-word equal, voice-model wording) was re-checked and is unaffected. · locator: curator correction paragraph in this record body (C3-B1128-01, C3-B678-04) source
  • [sourced_fact] SUPERSEDED IN PART 2026-10-24 by curator correction C3-B1128-01, C3-B678-04 (see the correction claim above); original kept for history: ElevenLabs publishes two Terms of Service, both 'Last Updated: 09 October 2026': one for residents of the EEA, Switzerland or UK and one for everyone else. Section 4 (Content and User Voice Models) has 27 text blocks (heading and paragraphs) in each; after removing bullet glyphs 26 are word-for-word equal, including the 'voice you are authorized to share with us' wording, the content/voice-model licences and the training opt-out. The one differing paragraph is 4(h): non-EEA bars HIPAA protected health information, the EEA version bars Article 9 GDPR special-category data including biometric data for unique identification. The rest of the differences (withdrawal right, consumer liability, no arbitration, consumer courts) are outside the voice sections. · locator: candidate evidence excerpts source

Rights

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