Rules and Restrictions on Use of the Services.

1. 1.1When using the Services, Customer shall comply with the following overarching rules: (a) comply with all applicable laws; (b) not use the Services to harm Customer or others; (c) not repurpose or distribute output from the Services to harm others; and (d) respect Evisort’s safeguards.  

2. 1.2Without limiting the foregoing, in addition to Section 2.6 (Customer Restrictions) of the Evisort Terms & Conditions (or any similar Section in the Agreement), Customer, its Affiliates, and Users must comply with this Policy. To that end, Customer shall not, and Customer shall not permit any Affiliates or Users to:

   1. Use the Services to develop machine learning models or related technology

   2. Perform dangerous, illegal, or malicious activities, including, without limitation:

      • Facilitation or promotion of illegal activities or violations of law, such as:

        1. Promoting or generating content related to child sexual abuse or exploitation
        2. Promoting or facilitating the sale of, or providing instructions for synthesizing or accessing, illegal substances, goods, or services
        3. Facilitating or encouraging users to commit any type of crimes
        4. Promoting or generating violent extremism or terrorist content

      • Abuse, harm, interference, or disruption of services (or enabling others to do the same), such as:

        1. Promoting or facilitating the generation or distribution of spam
        2. Generating content for deceptive or fraudulent activities, scams, phishing, or malware
      • Attempts to override or circumvent safety filters or intentionally drive the model to act in a manner that contravenes Evisort’s policies (including this Policy)

      • Generation of content that may harm or promote the harm of individuals or a group, such as:

        1. Generating content that promotes or encourages hatred
        2. Facilitating methods of harassment or bullying to intimidate or insult others
        3. Generating content that facilitates, promotes, or incites violence
        4. Generating content that facilitates, promotes, or encourages self-harm
        5. Generating personally identifying information for distribution or other harms
        6. Tracking or monitoring people without their consent
        7. Generating content that may have unfair or adverse impacts on people, particularly impacts related to sensitive or protected characteristics

   3. Generate and distribute content intended to misinform, misrepresent, or mislead, including, without limitation:

      1. Misrepresentation of the source of generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive
      2. Generation of content that impersonates an individual (living or dead) without explicit disclosure, in order to deceive
      3. Misleading claims of expertise or capability made particularly in sensitive areas (e.g., health, finance, government services, legal)

   4. Make automated decisions in domains that affect consequential decisions, or individual rights or well-being (e.g., financial, legal, employment, medical/healthcare, education, housing, insurance, social welfare), such as:

      1. Financial: Making financial decisions, including accepting or rejecting loan applications, credit scoring, algorithmic trading, financial, investment or tax advice, or fraud detection
      2. Legal: Making decisions regarding legal matters, including generating legal claims and patents, analyzing legal claims, providing legal advice and other related actions that may be deemed to be the unauthorized practice of law
      3. Employment: Making employment decisions, including hiring, firing, promoting, demoting, and other employment-related activities
      4. Medical/Healthcare: Making health-related decisions, including recommendations for treatment, analysis of images and health records, diagnoses, and patient care
      5. Education: Making decisions regarding matters related to education, including making educational institutional acceptance or rejection decisions, assessing student proficiency, and testing assessments

      6. Protected Classes: Making decisions based on a protected class or characteristic, as defined by applicable laws, such as the following:

         1. Race
         2. Color
         3. Religion
         4. Sex/gender
         5. Gender identity/expression
         6. Sexual orientation
         7. Marital status
         8. Medical condition/disability
         9. Military or veteran status
         10. Citizenship
         11. National origin
         12. Ancestry
         13. Genetic information
         14. Age (over 40)
   5. Generate sexually explicit content, including content created for the purposes of pornography or sexual gratification (e.g., sexual chatbots). Note that this does not include content created for scientific, educational, documentary, or artistic purposes.
3. 1.3The Services may include safety features to block harmful content, such as content that violates this Policy. Customer may not attempt to bypass these protective measures or use content that violates this Policy or the Agreement.
4. 1.4Customer will comply with Services-specific notices if applicable, such as any warnings not to input sensitive or confidential information.

Disclaimers.

1. 2.1The Services may sometimes provide inaccurate or offensive content that doesn’t represent Evisort’s views.
2. 2.2Customer, its Affiliates, and Users must use discretion before relying on, publishing, or otherwise using content provided by the Services.
3. 2.3Customer, its Affiliates, and Users must not rely on the Services for medical, legal, financial, or other professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.

Customer’s Responsibilities.

Customer has the sole responsibility to ensure its usage of the Services (including any AI therein) is in compliance with its own legal obligations, standards, practices, and internal guiding principles. Provided below are certain key examples of Customer’s responsibilities related to the use of the Services and any AI:

1. 3.1Understand the Limitations of AI and the Services.There are inherent limitations of AI models and systems and Customer should not rely solely on Evisort outputs for consequential or critical decision making that may result in high-risk outcomes. For example, Customer should consider the context, input data, and potential biases that may affect Evisort-generated results.
2. 3.2Responsible Use of Content Shared and Output Generated. Customer is responsible for the content it (and its Affiliates and Users) chooses to share with Evisort and any actions taken by Customer (and its Affiliates and Users) as a result of the AI-generated output.
3. 3.3Human Oversight. Customer should avoid relying entirely on Evisort-generated outputs for making automated decisions without human review. Combining human judgment with Evisort AI-generated insights can help ensure more accurate and responsible outcomes.
4. 3.4Responsible Use for Any High-Risk Activities. Customer is responsible for and should avoid use of Evisort AI for high-risk or high-stakes activities, including, without limitation, activities with a high risk of physical harm or activities that could have a consequential impact on the rights or freedoms of an individual’s legal status, healthcare, social welfare, or other freedoms protected under law.
5. 3.5Compliance with Laws, Rules, and Regulations. Customer should ensure its use, and its Affiliates’ and Users’ use, of the Services (including any Evisort AI) complies with all applicable laws, rules, regulations, standards, and guidelines, such as those related to data protection, privacy, and security, as well as adhering to requirements in countries or regions where the use of AI has been prohibited or otherwise limited.
6. 3.6Transparency with All Users. Customer should maintain transparency with its users concerning the Services (including any Evisort AI product offering) and provide safeguards to ensure applicable laws, rules, regulations, standards, guidelines, and this Policy are followed.