LAST UPDATED: 7th August, 2024
This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for your use of the Services and Avatars. You agree to do what is listed under the ‘General Requirements’ and to abstain from those activities listed under the ‘Categories of Prohibitions.’ You also will not authorize, enable, induce or encourage any third party to carry out those prohibited activities. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, customers, the Services or any third parties, we may suspend or terminate your access.
This policy may change as the Services and industry evolve, so please check back regularly for updates and changes. Capitalized terms used below but not defined in this policy have the meaning set forth in the governing agreement.
1. GENERAL REQUIREMENTS
Comply with applicable laws and governmental regulations, including all intellectual property, data protection, privacy, artificial intelligence and export control laws.
Use the Services for your organization’s or company’s business needs, rather than for consumer, personal or household purposes.
Use commercially reasonable efforts to prevent unauthorized access and use of the Services.
Monitor and control all activity conducted through your account in connection with the Services.
Moderate the use of Avatars, including the use of voices and likenesses, to ensure that the rights and interests of individuals are being respected and the public is being protected from harm.
2. CATEGORIES OF PROHIBITIONS
Impersonation, Deception & Abuse of Individual Rights
Impersonating any person or entity, including any employee of ours, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity.
Violating, misappropriating or infringing a person’s right to privacy or publicity, including any of their moral or intellectual property rights.
Using the Services, or transmitting through the Services, any data or information for the purposes of committing fraud, elder-abuse or identity theft, or for the purposes of furthering any of the foregoing.
Using the Services to send altered, deceptive or false source-identifying information, including "spoofing" or "phishing".
Using the Services in a way that is obscene, defamatory, insulting, hostile, inciting, threatening, or discriminatory towards an individual or a group of individuals.
Adult Content & Abuse of Minors
Using the Services in a manner that exploits, harms, or attempts to exploit or harm minors in any way, for example by representing or portraying them with Avatars, or exposing them to inappropriate content.
Using the Services for the purpose of promoting or providing adult entertainment.
Using the Services to promote or advertise age restricted goods, services or venues, including alcohol, tobacco, vaping products, psychoactive substances, firearms, gambling, sex toys, escort services and dating services*.*
Campaigns, Communications & Abuse of the Public Interest
Using the Services, or transmitting through the Services, any conspiracy theories, propaganda or data or information that is in furtherance of any ‘misinformation’ or ‘disinformation’ campaigns or activities.
Removing, deactivating or disabling any ‘watermarks’ or other mechanisms of the Services that are designed to help validate provenance or differentiate between human-generated and AI-generated content.
Using the Services to send unsolicited communications, promotions, or advertisements, including spam and robocalls.
Incorporating a Stock Avatar in content for "promoted", "boosted", or "paid" advertising on any social media platform or similar media, absent written express consent from Beyond Presence - in the case of a Personal Avatar, you may do so only with appropriate consent from the individual.
Using the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by either the United States as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, or by the United Kingdom or European Union pursuant to similar laws and regulations concerning national security, defense or terrorism.
Using the Services in a manner that could result in the death or serious bodily injury of any person or in other catastrophic damage, including through warfare or the operation of critical infrastructure.
Beyond Presence Technology & Abuse of Access
Scraping any content or data from Beyond Presence or the Services for the creation or training of AI models or tools, including machine learning models, generative models, deep learning models, and artificial neural networks.
Uploading to, or transmitting from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Beyond Presence or any third party.
Attempting to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law).
Attempting to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services.
Abusing referrals or promotions for the Services, for example to get more credits than deserved.
Beyond Presence Content & Abuse of Third Party Rights
Using a Stock Avatar in a manner that may attribute or impute any of your statements, opinions or commentary to the actor, for example, any discussions about medical conditions or disabilities - in the case of a Personal Avatar, you may do so only with appropriate consent from the individual.
Using a Stock Avatar in a TV program, news broadcast, fundraise or political campaign, or in the dissemination of any commentary around current events, politics or topics that may be polarizing or sensitive to certain demographics, absent written consent from Beyond Presence - in the case of a Personal Avatar, you may do so only on certain Services plans and with appropriate consent from the individual.
Using a Stock Avatar to create, offer or sell any non-fungible tokens (NFTs), or incorporating any Stock Avatars therein.
Incorporating any Stock Avatars in any patents, trademarks, design-marks, or service-marks, or any registrations or filings thereof.
Using stock audio clips as musical themes or jingles in connection with any products or services.
Using stock audio clips in international television advertising campaigns if by or on behalf of an entity with annual revenues of more than one billion dollars (US$1,000,000,000).
Remixing or altering sock audio clips, except that for basic editing (e.g., setting start/stop points, and determining fade-in/fade-out points).