ACCEPTABLE USE POLICY

  1. Scope

    This terms of this Acceptable Use Policy (“AUP”) applies to Customer’s and its Users’ use of (i) any and all services, products, features and functionality, and (ii) any Seismic websites, platforms, portals, product support and customer community sites, messaging functions, social and/or professional media sites, and future iterations of the foregoing, made available by Seismic Software, Inc. and/or its Affiliates (“Seismic”) and their respective third-party providers (for purposes of this AUP only, (i) and (ii) are collectively, “Services”). Capitalized terms used, but not defined in this AUP, shall have the meanings given to them in the Seismic’s Main Services Agreement (“MSA”), even if Customer and Seismic have entered into a different agreement governing the order and use of Services by Customer (the MSA or such other agreement, each a “Customer Agreement”).

  2. Breach of AUP

    A breach of this AUP by Customer or any of its Users will constitute a material breach of the Customer Agreement, Order Form, and/or other agreement governing Customer’s order or use of the Services.

  3. Prohibited Content

    Customer will not use, and will not allow its Users or any third party to use, the Services to input, upload, display, store, distribute, transmit or otherwise process material, information, Customer Content, or other information, data, or content (collectively, “Content”) that:

    1. infringes or misappropriates a third party’s intellectual property or proprietary rights;
    2. contains any data requiring specific regulatory certifications, compliance frameworks, or technical safeguards that Seismic has not expressly agreed in writing to support (including protected health information, payment card data requiring PCI DSS compliance, and/or other regulated data categories requiring specific platform certifications or controls);
    3. contains hate-related content, and/or material advocating discrimination against individuals or groups;
    4. advocates, supports or advances violent causes, including terrorism or violent extremism;
    5. advocates, supports or advances criminal hacking, cracking, or phishing;
    6. relates to illegal drugs or paraphernalia;
    7. is illegal, libelous, defamatory, malicious, fraudulent, threatening, harassing, harmful, intimidating, obscene, indecent, pornographic, or serves to promote human trafficking or harm to minors;
    8. contains Malicious Elements; or
    9. violates, encourages, or furthers conduct that would violate any applicable Laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.
  4. Prohibited Activities

    Customer will not use, and will not allow its Users or any third party to use, the Services to:

    1. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, or algorithms of any of the Services;
    2. frame, reframe, reformat, mirror or copy the Services or Third-Party Content, or copy any part, feature, function, or user interface thereof, other than for Customer’s own internal business purposes and as expressly permitted under the Customer Agreement;
    3. access the Services to build a competing product or service;
    4. intentionally or unintentionally interfere with the use, security, or availability of the Services for any other Seismic customers or users, including, but not limited to, engaging in usage practices prohibited by the Customer Agreement or Documentation;
    5. attempt to gain unauthorized access to the Services, or use any other party or User’s Account Credentials;
    6. generate or facilitate unsolicited commercial email (spam), any unsolicited or harassing notifications or messages (commercial or otherwise), including unsolicited, unwanted or an excessive quantity of SMS messages or emails;
    7. promote, support, or facilitate unlawful, hateful, discriminatory, or violent causes, including terrorism or violent extremism;
    8. distribute Malicious Elements;
    9. generate or facilitate SMS, MMS, or other text messages or push notifications in violation of the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, or any other applicable law including anti- spam, telemarketing, or telephone consumer protection laws or regulations;
    10. illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s explicit written permission;
    11. impersonate another person, entity, or Seismic using any methods or means, or otherwise misrepresent themselves or the source of any communication;
    12. send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing;”
    13. send, upload, distribute, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, pornographic, hateful, violent, or otherwise objectionable material;
    14. perform significant load or security testing without first obtaining Seismic’s prior express written consent, or take any action that imposes an unreasonable or disproportionately large load on Seismic’s infrastructure or network;
    15. remove or alter any content credentials, provenance methods, signals, Brand Elements, or, or other proprietary rights notices contained in or on the Service, Third-Party Content or Generated Content;
    16. make decisions or take actions without appropriate human oversight as part of a usage that may have a consequential impact on any individual’s legal position, financial position, life or employment opportunities, or human rights, or may result in physical or psychological harm to an individual;
    17. use the Services in any manner that would disparage or might have an adverse impact on Seismic;
    18. engage in high-risk activity where the use or failure of the Services may result in the death or serious bodily harm of a person, or in significant damage to property;
  5. AI Technology Usage
    1. In addition to the below terms in this Section E., Seismic’s provision, and Customer’s and Users’ use, of any AI Technology is subject to the terms set forth in the Seismic AI Addendum, which such terms are hereby incorporated in this AUP
    2. Customers may not, and may not allow their Users or any third party to, use AI Technology or Generated Content in any way that is not in compliance with this AUP and all applicable Laws, expressly including the following:
      1. Automated Decision-Making Processes with Legal Effect

        As part of an automated decision-making process with legal or similarly significant effects, unless Customer ensures that a human being makes the final decision. In this case, Customer must take account of other factors beyond the Services’ recommendations in making the final decision. For example, Customer shall ensure that all employment decisions for which the Services automated analysis features are used as a contributed factor include human oversight and final decision-making. Customer shall not use, and shall not permit its Users to use, automated analysis features as the sole input for employment decisions, as the most heavily-weighted factor in any employment decisions, or in any manner that overrules conclusions regarding employment decisions that are derived from other factors, or as part of an automated decision-making process for payday lending even when a human being makes the final decision.

      2. Individualized Advice from Licensed Professionals

        (i) Generating individualized advice that in the ordinary course of business would be provided by a licensed professional. This includes, for example, financial and legal advice such as providing personalized investment advice without qualified advisor review, generating specific tax guidance without qualified tax professional review, creating personalized estate planning recommendations without qualified legal review, providing specific insurance product recommendations without qualified insurance professional review.
        (ii) Generating or providing individualized medical advice, treatment, or diagnosis to a consumer or end user.
        (iii) For clarity, this section does not limit Customer from using AI Technology for other purposes, or to assist a licensed professional where AI Technology was not leveraged in the generation of individual advice. When a Customer uses such technology to assist in providing individualized advice (e.g., summarization), there must be a qualified human reviewing the output.

      3. Explicitly Predicting Protected Characteristics

        (i) Explicitly predicting an individual’s protected characteristic, including, but not limited to, racial or ethnic origin, and past, current, or future political opinions, religious or philosophical beliefs, trade union membership, age, gender, sex life, sexual orientation, disability, health status, medical condition, financial status, criminal convictions, or likelihood to engage in criminal acts.
        (ii) The previous sentence does not limit or prohibit use cases or tools designed specifically to identify security breaches, unauthorized access, fraud, and other security vulnerabilities, or to identify and reduce bias in Seismic’s AI Technology.
        (iii) Customer may not submit images of individuals for the purposes of creating or analyzing biometric identifiers, such as face prints or fingerprints or scans of eyes, hands, or facial geometry.

      4. Deceptive Activity, including engaging in plagiarism or dishonesty.
      5. Child Exploitation and Abuse: Creating, sending, uploading, displaying, storing, processing, or transmitting material that may be harmful to minors including, but not limited to, for any purposes related to child exploitation or abuse, such as real or artificial Child Sexual Abuse Material (CSAM).
      6. Generating, altering, or manipulating images of real persons without their consent for any purpose.
      7. Weapons Development: Developing, advertising, marketing, distributing, or selling weapons, weapon accessories, or explosives, as enumerated by the United States Munitions List.
      8. Political Campaigns: Targeting, creating, or distributing political campaign materials for external public or semi-public audiences. Political campaign material refers to material: (a) that may influence a political process, such as an election, passage of legislation, regulation or ballot measure, judicial ruling, and content for campaigning purposes; or (b) soliciting financial support for
      9. Adult Content: Creating, sending, uploading, displaying, storing, processing, or transmitting (1) sexually explicit material, (2) non-consensual intimate imagery, or (3) AI-generated deepfake or synthetic media that depicts real individuals in fictitious sexually explicit scenarios.
        10. Creating, sending, uploading, displaying, storing, processing, or transmitting sexual chatbots or engaging in erotic chat.
    3. AI Technology Disclosures and Transparency
      1. Customer must clearly disclose to end users when they are interacting with automated systems unless there is a human in the loop, and, when required by Laws, provide a means for end users to interact with a human instead of an automated system.
      2. When Generated Content is used, displayed, transmitted, shared, or significantly modified by AI, Customer must (i) review such content for compliance with this AUP, and (ii) ensure that such content is appropriately and durably watermarked, labeled or otherwise disclosed as AI-generated.
      3. Customer must disclose to end users when they are being recorded through or by using AI Technology features, when required by law.
      4. Customer must provide all necessary notices and obtain all necessary consents as required by applicable Laws for both the Customer and Seismic to process personal data as part of Customer’s use of the AI Technology.
    4. General AI AUP Terms
      1. Seismic prohibits the use of AI Technology for scenarios in which the AI Technology is unlikely to generate undesired content due to limitations in the models or scenarios in which the technology cannot be applied in a way that mitigates potential negative consequences to people or society.
      2. Customer is solely responsible for all of its Content, input, posted or used by it and its Users on, in and while using any of the Seismic Services, including determining that it and its Users have appropriate usage rights. Seismic does not endorse or pre-screen Customer Content and does not guarantee that it will monitor any Content.
      3. Seismic may at times limit the AI Technology’s ability to respond to particular topics, such as probing for personal data or seeking opinions on sensitive topics, even if not prohibited by this AUP.
      4. Seismic may temporarily or permanently suspend Customer’s and its Users’ access to Seismic Services if (i) Customer or its Users breach any term of this AUP, or (ii) Customer does not respond promptly or reasonably to Seismic’s notification to Customer about a potential breach of this AUP.
      5. Seismic may also choose to block and/or remove any prohibited Content or other materials in any of the Services in Seismic’s sole discretion without notice and deny access to any person who violates this AUP.
    5. Changes to AUP

      Seismic may modify this AUP by posting an updated version here, and such updates will be effective upon posting. By using or accessing the Services after the posting of an updated AUP, Customer and Users will be deemed to have agreed to the latest version of this AUP.

    6. Report Violations or Abuse

      If Customer suspects that any of the Services is being used by it or one of its Users in a manner that violates this AUP or other applicable Customer Agreement terms, Customer will report it immediately, with appropriate detail, to legal@seismic.com.