ElevenLabs Enterprise Risk Assessment | AI Tool Risk

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ElevenLabs

Risk Overview

Moderate Risk

4.4

/10

Audio Generation

Text to Speech

Top Risks

Mandatory arbitration + class action waiver (Feb 2025 update) is the top legal risk. Biometric voice data retained under perpetual irrevocable training license even after opt-out — prospective opt-out only. Free users lack commercial rights. History of misuse for voice fraud has prompted policy updates but also signals target-rich environment.

Mitigations

Opt out of training via account settings immediately. Upgrade to paid plan for commercial rights. Use Enterprise tier for Zero Retention Mode and DPA. EEA users should use EU-specific ToS which preserves court rights. Enable data residency in EU region if GDPR coverage is needed.

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Highest Risk Categories

The highest-scoring risk categories identified in this assessment.

Legal Terms

Non-EEA ToS (updated February 2025) contains mandatory binding arbitration, full class action waiver, and collective/representative action waiver. Users explicitly waive constitutional and statutory rights to jury trial. EEA users retain local court rights under EU ToS. Liability cap likely at subscription fees paid. Very aggressive arbitration posture for a consumer-facing AI voice tool.

/10

Training Use

Voice data (biometric) is used for model training by default. Users can opt out via 'Data use' menu in account settings, but opt-out is prospective only — voice data already submitted before opt-out remains usable. ElevenLabs retains a perpetual, irrevocable, royalty-free license to use voice data to train and improve AI models even after opt-out. This is a meaningful gap for biometric data.

/10

3rd-Party Sharing

Limited sharing with third-party service providers for operations. Voice/audio inputs may be shared with third parties for content moderation and safety initiatives. No selling of personal data for advertising. EU-US Data Privacy Framework certified. Standard service provider sharing model.

/10