ACCEPTABLE USE POLICY
1. Application
This Acceptable Use Policy ("AUP") applies to the Customer's (and its Authorised Users') access to and use of the Subscription Services. Capitalised terms used but not defined in this AUP have the meanings given in the Platform Subscription Agreement between RiverAI Limited ("Supplier") and the Customer (the "Agreement").
Breach of this AUP is a material breach of the Agreement.
2. Prohibited Uses
The Customer shall not, and shall procure that its Authorised Users do not:
(a)
use the Subscription Services in a manner that violates any applicable law or regulation, including Data Protection Laws and AI-specific regulation (where applicable to the Customer's use);
(b)
upload, process or generate any content that is unlawful, defamatory, obscene, infringing of Intellectual Property Rights, or otherwise harmful;
(c)
use the Subscription Services to develop, train, fine-tune or benchmark any product or service that directly competes with the Subscription Services;
(d)
reverse-engineer, decompile, or attempt to derive the source code, model weights or underlying architecture of the Configured Platform, except to the extent such restriction is prohibited by applicable law;
(e)
introduce or transmit any virus, worm, trojan, logic bomb or other malicious code into the Subscription Services;
(f)
probe, scan, penetration-test or otherwise attempt to circumvent any security or access controls of the Subscription Services without the Supplier's prior written consent;
(g)
use the Subscription Services to send unsolicited bulk communications, engage in fraudulent activity, or impersonate any person or entity;
(h)
share access credentials with any person other than a named Authorised User, or permit access by any person who is not an Authorised User;
(i)
use the Subscription Services to make fully-automated decisions producing legal or similarly significant effects on natural persons without appropriate human oversight, as required by applicable Data Protection Laws; or
(j)
use the Subscription Services in any application that would constitute a "high-risk AI system" under the EU AI Act or an equivalent classification under UK AI legislation, unless expressly agreed in writing in the Order Form (including as to the additional obligations and safeguards that will apply).
3. Fair Use and Data Consumption
3.1
The Customer's use shall remain within the disk storage and data consumption levels specified in the Order Form or Documentation. Excess usage is chargeable in accordance with clause 9.4 of the Platform Subscription Agreement.
3.2
The Supplier may throttle or suspend usage patterns that materially and adversely affect the stability, security or performance of the Subscription Services for other customers, giving the Customer such notice as is reasonably practicable in the circumstances.
4. Enforcement
4.1
If the Supplier reasonably believes the Customer is in breach of this AUP, the Supplier may (in addition to its other rights and remedies):
(a)
request that the Customer remedy the breach within a specified period (acting reasonably as to the period given the nature of the breach);
(b)
suspend the Customer's (or the relevant Authorised User's) access to the Subscription Services where the breach poses a material risk to the Subscription Services, other customers, or any third party, giving the Customer contemporaneous written notice of the suspension and its basis; and
(c)
where the breach is not remedied within the period specified under paragraph 4.1(a), or where the breach is not capable of remedy, terminate the Agreement in accordance with clause 14 of the Platform Subscription Agreement.
4.2
The Customer shall cooperate with any reasonable investigation by the Supplier into suspected breaches of this AUP, including by providing relevant logs, records and user information.
5. Updates to this AUP
5.1
The Supplier may update this AUP from time to time. The Supplier will give the Customer not less than thirty (30) days' prior written notice of any update, save that updates required by changes in applicable law or to address material security risks may take effect on shorter notice where reasonably necessary.
5.2
Where any update would have a material adverse effect on the Customer's use of the Subscription Services or the Customer's rights under the Agreement, the update shall not take effect with respect to the Customer unless agreed in writing by the Customer.
5.3
Continued use of the Subscription Services after the effective date of an update constitutes acceptance of the updated AUP.
This AUP is incorporated by reference into each Platform Subscription Agreement entered into by RiverAI Limited.
— End of Acceptable Use Policy —
