Introduction

This Acceptable Use Policy (“AUP”) applies to Customers’ and their Authorized Users’ use of the Services. Capitalized terms used but not defined in this AUP have the meaning set out in the Terms of Use (“Agreement”). Specific terms in this AUP do not limit more general terms in this AUP.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with this AUP and the Agreement. You will not use the Services or any AI Customer Output:

• In any way that violates, or promotes, facilitates, or contributes to violation of, any applicable federal, state, local, or international law, ordinance, or regulation (collectively, “Laws”). Laws include, without limitation, Laws applicable to:

  • design, development, deployment, implementation, operation, and use of AI Technology;

  • any sector or industry in which you or your customers or clients operate; and

  • privacy and data protection.

• In any way that is inconsistent with this AUP, including to submit AI Customer Input or generate AI Customer Output prohibited in the Content Standards section of this AUP.

• To build or develop any AI Technology in contravention of, or for use in any manner inconsistent with, this AUP.

• For exploiting, harming, or attempting to exploit or harm, children in any way, whether or not prohibited by Law, including by:

  • distributing or promoting child sexual abuse material;

  • facilitating or promoting trafficking, sextortion, grooming, or abuse of children;

  • exposing children to sexual or other inappropriate content;

  • collecting children’s Personal Information without proper disclosures and consent or when not strictly required to provide the requested service; or

  • using children’s Personal Information for secondary purposes without proper disclosures and consent.

• For engaging in, promoting, or facilitating human trafficking or sexual solicitation, exploitation, or violence.

• To deceive, defraud, mislead, misinform, or disinform others, including to:

  • impersonate any person;

  • represent, or otherwise deceive or mislead others to think, that AI Customer Outputs are human-generated;

  • engage in academic dishonesty or plagiarism;

  • distribute “spam”; or

  • distribute or promote misinformation or disinformation.

• To engage in, promote, facilitate, incite, or contribute to harassment, discrimination, violence, terrorism, abuse, bullying, threats, intimidation, or hateful behavior, content, or speech.

• In any way that discriminates against, or unlawfully treats differentially or unfavorably, any individual or group in the provision or denial of education, employment, employment benefits, credit, healthcare, housing, insurance, other economic benefits, or other essential goods and services on the basis of age, color, disability, ethnicity, genetic information, language, national origin, race, religion, reproductive health, sex, veteran status, or other classification protected by Law.

• In any way that you know or should know infringes or is likely to infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person.

• In any way that compromises or violates the legal rights (including the rights of publicity and privacy) of any person, including by:

  • accessing, collecting, soliciting, processing, disclosing, or sharing Personal Information in any manner that does not strictly comply with Laws and any disclosures;

  • conducting unlawful monitoring, tracking, or surveillance of individuals; or

  • using or distributing digital replicas in any manner that does not strictly comply with Laws, including, without limitation, all disclosure, consent, and authorization requirements imposed by Laws.

• For automated decision making, or as a substantial factor in making decisions, with legal or similarly significant effects on an individual or group, including profiling, unless you make all disclosures required by Laws, provide the consumer or data subject a right to opt-out in accordance with Laws, ensure human review of the decision, and otherwise strictly comply with Laws.

• To generate or provide legal, financial, health, medical, tax, or other professional advice, decisions, or recommendations without: 

  • review by a licensed and qualified professional; and 

  • disclosure of your use of AI Technology.

• To develop, use, operate, produce, market, exchange, or distribute weapons, explosives, or any dangerous, illegal, regulated, or controlled substances, products, or materials.

• For operation or support of, or disruption of or interference with, critical infrastructure, applications, or services, such as electrical, water, gas, and nuclear systems and facilities, road and air traffic control systems, emergency services, and telecommunications.

• To engage in or facilitate political campaigning or lobbying or the disruption or interference with any election process, including to generate campaign materials or political advertisements.

• To deploy techniques that may materially distort an individual or group’s behavior by impairing their ability to make an informed decision in a way that causes or is reasonably likely to cause significant harm.

• To exploit the vulnerabilities of an individual or group due to their age, disability, or a specific social or economic situation, with the objective, or the effect, of materially distorting their behavior in a manner that causes or is reasonably likely to cause significant harm.

• For social scoring systems based on social behavior or known, inferred, or predicted personality characteristics that cause detrimental or unfavorable treatment that is disproportionate or used in a context unrelated to the context in which the data was originally collected.

• For risk-assessment systems that assess the risk of an individual to commit a crime or re-offend (except in support of a human assessment based on verifiable facts).

• For indiscriminate or untargeted web-scraping for the purposes of creating or enhancing facial recognition databases.

• For emotion recognition systems in the workplace or educational institutions (except for medical or safety reasons).

• To categorize individuals or groups based on biometric data or infer characteristics about them such as race, political opinions, religion, or sexual orientation.

• For real-time, remote biometric identification of individuals in publicly accessible spaces for the purpose of law enforcement.

Additionally, you will not:

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any connected or related computer, software, firmware, hardware, device, data, database, system, or network.

• Violate, attempt to violate, or knowingly facilitate the violation of the security, integrity, or availability of the Services or any connected or related computer, software, firmware, hardware, device, data, database, system, or network.

• Introduce or distribute to the Services or use the Services to introduce or distribute any viruses, trojan horses, backdoors, malware, worms, logic bombs, malicious code, or other software, device, technology, or material that is malicious or technologically harmful.

• Circumvent or interfere with features, functionality, filters, or safeguards of the Services that are intended to limit or mitigate violations of Laws or this AUP or other harms resulting from use of the Services.

• Prompt the Services to perform in a way that violates this AUP, the Agreement, or any Law.

• Otherwise attempt to interfere with the proper working of the Services.

Content Restrictions and Standards

You will not use the Services to submit, upload, or input any AI Customer Input, or generate or produce any AI Customer Output, that:

• Violates Laws or promotes or facilitates any activity that violates Laws.

• Is inconsistent with this AUP, including the Prohibited Uses section of this AUP.

• Promotes, describes, or depicts exploitation, abuse, or harm to a child, including:

  • child sexual abuse material; and

  • content impersonating or intended to impersonate a child.

• Is sexually explicit, obscene, indecent, or pornographic, including deepfake nudity and pornography.

• Is deceptive, fraudulent, misleading, or otherwise intended or likely to misinform or disinform others, including:

  • defamatory content;

  • fake online reviews, comments, or other engagement;

  • deepfakes presented as authentic;

  • “spam”; and

  • false information or content related to health, safety, laws and regulations, or elections.

• Includes, describes, or promotes harassment, discrimination, violence, terrorism, abuse, bullying, threats, intimidation, or hateful behavior, content, or speech.

• You know or should know infringes or is likely to infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person.

• Violates the legal rights (including the rights of publicity and privacy) of any person or contains any material that could give rise to any civil or criminal liability under Law, including, without limitation, digital replicas created or generated in any manner that does not strictly comply with Laws and all consent and authorization requirements imposed by Laws.

• Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.

• Impersonates any person without authorization, consent, and legal right, or misrepresents your identity or affiliation with any person.

• Gives the impression that it emanates from or is endorsed by us or any person, if this is not the case.

• Includes any viruses, trojan horses, backdoors, malware, worms, logic bombs, malicious code, or other technology or material which is malicious or technologically harmful.

Disclosures and Consents

• You agree to disclose your use of the Services and obtain consent to use the Services as required by, and in accordance with, Laws.

• Without limiting the foregoing, you agree to disclose:

  • to consumers when they are interacting with an artificial intelligence system if you use the Services to interact with consumers or for consumer-facing purposes;

  • your use of the Services in connection with any regulated service or service typically performed by a licensed or certified professional; and

  • that any deepfake AI Customer Output has been artificially generated or manipulated.

Monitoring and Enforcement

We may monitor your use of the Services to evaluate your compliance with this AUP and to investigate any suspected or reported violation by you or your Authorized Users. Any violation of this AUP by you or your Authorized Users constitutes a material breach of the Agreement. In addition to our rights under the Agreement, if we, in our sole discretion determine that you have violated this AUP, we may:

• Terminate or suspend your access to all or part of the Services.

• Take appropriate legal action, including without limitation, referral to law enforcement or any authority, for any illegal or unauthorized use of the Services.

• Report any violations of this AUP relating to exploitation or abuse of children, including child sexual abuse material, to the National Center of Missing & Exploited Children (NCMEC) and other relevant authorities and organizations.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Services. YOU WAIVE AND HOLD HARMLESS PROVIDER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT OR OTHER AUTHORITIES.

Modifications

You acknowledge and agree that we have the right, in our sole discretion, to modify this AUP from time to time, and that modified terms become effective on posting. You will be notified of modifications through notifications or posts on [URL]. You are responsible for reviewing and becoming familiar with any modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms.