This Acceptable Use Policy (also referred to as our “AUP”) applies to anyone who uses Poolside, Inc.’s (“poolside”) products and services, and forms part of the agreement between you and poolside that governs your use of our products and services. This AUP is intended to help our users stay safe, while ensuring our products and services are being used responsibly. Any capitalized terms used but not defined here will have the meaning outlined in the applicable agreement between you and poolside.

We cannot predict all beneficial or abusive uses of our technology, which is why the prohibited or restricted conduct in this AUP is not exhaustive. If we learn that you have violated this AUP, we may throttle, suspend, or terminate your access to our products and services. If you discover that our model outputs are inaccurate, biased, or harmful, please notify us at legal@poolside.ai. You can read more about our Trust and Safety practices and recommendations in our Trust Center.

This AUP is calibrated to strike an optimal balance between enabling beneficial uses and mitigating potential harms. poolside may enter into contracts with certain governmental customers that tailor use restrictions to that customer’s public mission and legal authorities if, in poolside’s judgment, the contractual use restrictions and applicable safeguards are adequate to mitigate the potential harms addressed by this AUP.

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1. General Use Restrictions

When using or interacting with any of our products or services (including our websites), you may not contribute anything (including any inputs, training data, or user-generated content) or otherwise use them in ways that:

Violate Rights or Laws

  • Infringe or violate the intellectual property rights or any other rights of anyone else (including ours);
  • Violate any law or regulation, including, without limitation, any applicable export control, sanctions, and trade compliance laws, privacy and data protection laws, and laws related to consumer and child protection, SPAM, obscenity or defamation;

Engage or Promote Illegal or Harmful Activities

  • Engage in or promote any illegal activity such as terrorism; cybersecurity crime; organized crime; or child sexual exploitation or the generation of Child Sexual Abuse Material (CSAM)
  • Create, distribute, or facilitate sexually explicit content
  • Create or enable the exchange of illegal or highly regulated weapons, goods, or services;
  • Engage in practices that are dangerous, harmful, fraudulent, deceptive, abusive, predatory, threatening, harassing, defamatory, obscene, or otherwise reasonably objectionable
  • Engage in the unauthorized practice of any regulated profession, including the financial, legal, or medical/health professions

Incite Violence, Harm or Discrimination, or Exploit Vulnerable Populations

  • Incite or promote violence, hatred, or discriminatory behavior
  • Spread false, misleading, or harmful information
  • Promote harm or injury of any person or self-harm, including self-injury or suicide
  • Exploit any of the vulnerabilities of a person (e.g., age, disability, or socio-economic situation)

Threaten Security or Privacy

  • Compromise critical infrastructure or systems
  • Jeopardize the security of your account or anyone else’s (such as allowing someone else to log in to our products or services as you)
  • Attempt, in any manner, to obtain the password, account, or other security information from any other user
  • Violate the security of any computer network, or crack any passwords or security encryption codes, circumvent safeguards or safety mitigations in our products or services, or engage in unauthorized activities that violate the security of any service or system

Misuse Our Services or Technology

  • “Crawl,” “scrape,” or “spider” or otherwise extract data or output from our products, services, or model outputs (through use of manual or automated or programmatic means), other than via our documented APIs for our products and services
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of our model, poolside IP or any software, documentation or data related thereto
  • Create similar or competitive products or services as our products or services or otherwise compete with us or assist any others to compete with us

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2. Prohibited Use Cases

In addition to the above general use restrictions, when using our AI models and related products specifically, we prohibit the development of any software program for the following business use cases:

Interference in Elections or Conducting Surveillance

  • Interfere in political campaigns or election processes
  • Creating any software program for gathering information on or searching for an individual or group in order to track, target or report on their identity, including using the product for facial recognition, covert tracking, battlefield management applications or predictive policing

Automated Scoring or Decision-Making

  • Utilizing any SDK to assign scores or ratings to individuals based on an assessment of their trustworthiness or social behavior
  • Eligibility for parole or sentencing decisions
  • Making automated decisions about the eligibility of individuals for financial products and creditworthiness
  • Making automated decisions about the employability of individuals or other employment determinations or decisions regarding eligibility for housing, including leases and home loans

Prohibited or Hazardous Applications

  • Any applications, practices, or use cases that are prohibited under applicable laws, such as those prohibited under EU AI Act
  • Any use that is sensitive, critical, unsafe, high-risk, or hazardous (including any use that could result in death or serious bodily injury, catastrophic damage, warfare, or the operation of critical infrastructure)
  • Any applications, practices, or use cases that would result in our AI models and related products being declared a high-risk AI system or that otherwise qualifies as “high-risk” under the EU AI Act

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3. Safety Measures Requirements

Without limiting any requirements under the agreement between you and poolside, we require that you implement the additional safety measures listed below:

  • Human-in-the-loop: You must ensure that any application you develop or decision you make from using our products complies with all applicable laws and regulations, including any requirements for human review, special audits and testing, consent, notice, or disclosure. For example, if you are using or deploying our products and services as part of providing legal, medical, or financial advice to consumers, any content that is provided to your end users or customers must be reviewed by a qualified professional in that field prior to dissemination, and you are responsible for the accuracy and appropriateness of that information
  • Disclosure: If legally or contractually required, you must appropriately disclose to your end users or customers that you are using artificial intelligence technology to help inform your decisions or recommendations, and any known risks or dangers of your use of our artificial intelligence technology
  • Transparency: you may not misrepresent the origin of any response or output from our AI model or related product by claiming or implying such output was created by a human, and you may not remove any markings that are automatically applied to an output to indicate that such output was artificially generated

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4. General Terms

We will update this AUP as our technology and the associated risks evolve, or as we learn about unanticipated risks from our users. We will endeavor to provide advance notice of any material updates to you (which may be provided through our products or services that you use or by posting an updated version of this AUP on our website). Continuing to use our products after such updates means you accept the revised terms. This AUP supplements any agreement entered into by and between you and poolside that governs your use of the poolside products and services. In the event of any conflict between such agreement and this AUP, this AUP shall prevail with respect to the subject matter covered hereunder, unless otherwise mutually agreed by you and poolside in the applicable agreement between us.

Last updated: November, 27th 2024.

Data Processing and SafetyData Processing Agreement