Application. This Acceptable Use Policy (“AUP”) is incorporated into the Agreement and acts as a code of conduct overviewing restricted uses of the BrainFreeze Services. Customer agrees to comply with the applicable restrictions and obligations in this AUP. As a general principle, BrainFreeze prohibits any use of the BrainFreeze Services that may inflict harm on individuals or society. While BrainFreeze aims to provide clarity in this AUP by providing examples, this AUP is a non-exhaustive list and violations will be interpreted by BrainFreeze, in BrainFreeze’s sole discretion. The below Restriction Types apply to the corresponding Types of Use.
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General Non-Acceptable Use
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Applies to all use of the BrainFreeze Services
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Applies to specific uses of the BrainFreeze Services that increase the risk of causing significant risk of harm
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Applies to specific use cases requiring notifications to the general public interacting with the BrainFreeze Services to ensure awareness that they are interacting with artificial intelligence
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General Non-Acceptable Use. Customer may not use the BrainFreeze Services for any obscene, threatening, illegal, or any other harmful purpose, and further agrees to the below restrictions and obligations.
Application Development & Customer Application Use. Customer must ensure:
• Any application developed is created with and maintains meaningful human oversight;
• Appropriate measures are used to avoid misuse of an application for its intended purpose and any end user fraud; and
• Appropriate testing of the application is conducted before making it available to the general public.
No Violent, Hateful, Illegal, Sexually Explicit, or Emotionally Harmful Conduct. Including, no using BrainFreeze Services to:
• Discriminate against any person, group, or protected group or attribute;
• Incite or facilitate violence, harassment, abuse, or terrorism, or create any cruel, gory, or self-harming content;
• Facilitate or promote the trafficking or exchange of any illegal substances or humans; or
• Display, create, engage in, or request sexual intercourse, acts, sexually natured conversations, or fetishes.
No Endangering Children. Including, no using BrainFreeze Services to process personal data of children under the age of 13 unless allowed under applicable law or to promote or create content relating to child abuse (including physical, emotional, or sexual), pornography, exploitation of a minor, or impersonating a minor.
No Compromising a Person’s Personal Information or Privacy. Including no using the BrainFreeze Services to:
• Violate a person’s applicable privacy rights;
• Misuse, solicit, or use private information without obtaining appropriate consent; or
• Conduct any social engineering or spam activity.
No Creation of Political Campaigns or Interfering with Elections. Including, no using the BrainFreeze Services to:
• Promote a particular political issue, candidate, party, or plan;
• Attempt to persuade or lobby to influence a government official, representative, or actor; or
• Impede or disrupt an election or create false information relating to election laws, processes, or a political party or candidate.
No Predatory, Abusive, Fraudulent, or Misrepresenting Information. Including, no using the BrainFreeze Services to:
• Facilitate, sell, or create deceptive or fraudulent conduct, products, services, or content, promote predatory business practices, or impersonate another human or entity without their consent or mislead a person to believe Output was human-generated; or
• Plagiarize or commit academic dishonesty.
No Censorship, Surveillance, Law Enforcement, or Criminal Justice Related Use. Including, no using the BrainFreeze Services to:
• Decide a criminal justice decision, conduct any social scoring, or group humans by biometric categories or any socioeconomic attributes;
• Without obtaining appropriate consent, locate or attempt to track, collect, or decipher a human’s location, communications, or emotional state; or
• Censor information on behalf of a government.
No Compromising Critical Infrastructure or the BrainFreeze Services. Including, no using the BrainFreeze Services to:
• Create multiple accounts to avoid any suspension or ban from a previous account;
• Allow others located in a prohibited location to use the BrainFreeze Services;
• Model scrape; or
• Create, facilitate, or attempt to disrupt or destroy a critical infrastructure (i.e., communication networks, air traffic, military, utility, or power systems, etc.).
No Use for Allowing or Assisting in the Trafficking of Illegal or Highly Regulated Weapons or Goods. Including, no using the BrainFreeze Services to create, enhance, or distribute dangerous materials, weapons, or harmful products intended to cause bodily harm.
No use Without Appropriate Human Oversight. Including, no using the BrainFreeze Services without a qualified human in the loop to review Outputs and interactions with AI Components as appropriate given Customer’s use case.
High-Risk Use. This Section applies if Customer uses the BrainFreeze Services for any of the below use case categories, whether directly or indirectly, which may present an increase in potential harm to the general public. If any of the below use cases are in scope, Customer must comply with the High-Risk Use obligations below.
Academic. Academic-related use cases involving the grading of standardized tests, ranking prospective students, educational certifications or awards, proficiency of language testing, or the auditing of educational institutions.
Employment. Employment and human resources use cases relating to employment decisions, screening, hiring, or similar issues relating to employees or prospective employees.
Financial. Financial use cases relating to financial decisions or advice, determining an applicant’s credit worthiness, loan approvals, eligibility for housing, and investment guidance.
Healthcare. Healthcare use cases relating to diagnosing illnesses, providing medical advice, or assisting with or making healthcare related decisions.
Insurance. Insurance use cases relating to any type of insurance claim, underwriting, processing, or decision on coverability of a claim.
Legal. Legal use cases relating to legal interpretation, services, advice, or decisions with legal implications.
Media. Media use cases relating to the automatic generation or publishing of marketing content for public use.
Applicable law. Any use cases deemed high-risk or a similar designation under applicable law.
High-Risk Use Obligations. If Customer uses the BrainFreeze Services for any of the above High-Risk Use cases, Customer must:
• Disclose to any end user or person interacting with the BrainFreeze Services that they are interacting with artificial intelligence and/or Customer is using artificial intelligence to assist Customer in providing any guidance, recommendation, or content, as applicable; and
• Ensure, where applicable, that qualified person(s) are regularly monitoring the Output before being made available to Users and Guests (human-in-the-loop) to ensure accuracy.
Required Disclosure Use. If Customer uses the BrainFreeze Services to operate a public-facing Agent or Customer Application or generally allows minors under the applicable legal age of adulthood to use the BrainFreeze Services (directly or indirectly), then Customer must disclose to Customer’s end customers or users that they are interacting with artificial intelligence.
Third-Party Services. By using the BrainFreeze Services, Customer agrees to review and abide by all applicable Third-Party Services terms, including any additional acceptable use, code of conduct, or similar policies made available by Third-Party Services providers. This AUP is meant to supplement and not supersede or conflict with any other acceptable use policy.
Reporting. Customer may report any suspected violations or Output issues relating to this AUP to support@brainfreeze.co.
Change. BrainFreeze may update this AUP from time to time by providing an updated version and making it publicly available. By accessing the BrainFreeze Services after an update is made, Customer agrees to the updated AUP.