Education Subscription Terms

These Education Subscription Terms apply where Customer, who is an educational institution, has subscribed to one of the following annual packages (the applicable annual package, the “Subscribed Package”):

  • Tier 1 – institutions with over 40,000 Full-Time Equivalent (“FTE”) students
  • Tier 2 – institutions with 15,001 to 40,000 FTE students
  • Tier 3 – institutions with 5,001 to 15,000 FTE students
  • Tier 4 – institutions with 1,001 to 5,000 FTE students
  • Tier 5 – for institutions with up to 1,000 FTE students

These Education Subscription Terms shall be governed by and deemed to incorporate by reference the Verbit Terms of Use available at https://verbit.ai/terms-and-conditions/, except that where the applicable Verbit entity (“Supplier”) and the Customer have entered into a separate master services agreement (or comparable agreement), then that agreement shall govern these Education Subscription Terms instead. The governing agreement shall be referenced herein as the “Agreement.”

  1. Included Services and Features. Each Subscribed Package shall include the following Services and features:
    1. Academic Live captioning, powered by Captivate™ – Unlimited usage, English and Spanish. 1-hour minimum notice prior to event.
    2. Academic Post captioning for recorded content – Unlimited usage, English and Spanish, for preparation of course materials specifically for ADA Title II needs of students in the current academic year who have requested accessibility accommodations. Excludes captioning of archive materials. 48-hour turnaround target.
    3. Verbit Translate – Unlimited usage, English or Spanish source language. Customer may select up to 2 output languages. Add-on option for additional output languages.
    4. Verbit Describe extended audio description (English), 2 hours credit.
    5. Discounted rates for other Verbit Services, 10% off standard pricing.
    6. Gen.V™ transcript insights.
    7. Integrations with LMS, cloud storage, and video platforms.
    8. Industry standard output formats
    9. Interactive Smart Player for video – please refer to https://verbit.my.site.com/s/article/Verbit-Smart-Player for details
    10. Live Support Desk
    11. Single sign-on integration
  2. Term, Renewal, and Changes. The Subscription Package term (the “Subscription Term”) shall begin upon the effective date set forth in the applicable Order Form or equivalent, and continue for 12 months thereafter. The Subscription Term shall automatically renew for successive renewal terms (each, a “Renewal Term”) of 12 months each, except where either Party provides written notice of intent not to renew at least 30 days prior to the beginning of the next Renewal Term. Notwithstanding anything to the contrary, no termination for convenience right shall apply to either these Education Subscription Terms or the Agreement during the Subscription Term.
    Supplier may modify these Education Subscription Terms from time-to-time, provided that any changes shall only be effective beginning in the next Renewal Period for which the changes were published at least 45 days prior to that Renewal Period.
  3. Subscription Fee. The annual subscription fee (“Subscription Fee”) for the Subscribed Package (including fees associated with any add-on Services) shall be as set forth on the Order Form or equivalent, and shall be invoiceable upon the effective date of the Order Form or equivalent, thereafter upon the beginning of each subsequent Renewal Term. Except where otherwise agreed by the Parties in writing, the Subscription Fee shall be payable within 30 days following the invoice date.
    No later than 45 days prior to the beginning of the next Renewal Term, Supplier may provide written notice of increase to the Subscription Fee, which shall be effective upon the beginning of the next Renewal Term, provided that such increase shall not exceed 5% of the then-current Subscription Fee.
  4. Availability Target. During the Subscription Term, Supplier commits to using commercially reasonable efforts to ensure that the proprietary platform provided by Supplier in connection with the Subscribed Package (the “Platform”) will be available 99.0% of the time in any month (“Availability Target”), with availability calculated as:
    𝑇𝑜𝑡𝑎𝑙 𝑚𝑖𝑛𝑢𝑡𝑒𝑠 𝑖𝑛 𝑚𝑜𝑛𝑡ℎ – 𝑡𝑜𝑡𝑎𝑙 𝑚𝑖𝑛𝑢𝑡𝑒𝑠 𝑖𝑛 𝑚𝑜𝑛𝑡ℎ 𝑡ℎ𝑎𝑡 𝑃𝑙𝑎𝑡𝑓𝑜𝑟𝑚 𝑤𝑎𝑠 𝑛𝑜𝑡 𝑎𝑣𝑎𝑖𝑙𝑎𝑏𝑙𝑒 𝑡𝑜 𝐶𝑢𝑠𝑡𝑜𝑚𝑒𝑟
    𝑇𝑜𝑡𝑎𝑙 𝑚𝑖𝑛𝑢𝑡𝑒𝑠 𝑖𝑛 𝑚𝑜𝑛𝑡ℎ

    Unavailable time shall not include (i) emergency maintenance, (ii) general Internet outages, or (iii) other causes beyond Supplier’s reasonable control.

  5. Support Response Target. During the Subscription Term, Supplier commits to using commercially reasonable efforts to respond to issues reported by the Customer according to the following targets.
Severity Level Description Initial Response Time
I An issue that causes the Verbit platform to be unavailable across all or materially all functionalities. E.g., scheduled and confirmed live caption sessions not receiving live captioning. Live – 15 min

Recorded – 1 hour
II The Verbit platform is accessible, but at least one material feature of the services is not being delivered in material accordance with the applicable service description or is otherwise experiencing material degradation. E.g., post-production deliverables not being received according to schedule. 2 hours
III An issue that that does not materially affect use of a material feature of the services. 1 business day
IV Non-performance related incidents, including general questions, requests for information, documentation questions, and enhancement requests. 3 business days