This Acceptable Use Policy supplements (i) the Colossyan Enterprise Customer Agreement (or relevant services agreement entered into by your organisation) if you are using the Services under an Enterprise Plan; or (ii) the Colossyan Terms of Service if you are accessing the Services through the Colossyan website or otherwise. Capitalised terms that are defined therein in the relevant services agreement described in (i) or (ii) (as applicable) shall have the same meaning when used in this Acceptable Use Policy.
"you" or "your" (whether or not capitalised) as used herein refers to any entity or person using or gaining access to the Services under any Service Plan.
1. Prohibited Content
You agree that you will not upload or use in connection with the Services content:
(a) that violates, misappropriates or infringes or attempts to violate, misappropriate or infringe a third party's intellectual property rights, publicity rights, privacy rights, including data protection rights, and/or any other kind of rights, including without limitation, publishing a person's private information without their permission;
(b) as a trademark, service mark or logo (other than Customer Materials);
(c) in an international television advertising campaign by or on behalf of an entity with annual revenues of more than One Billion Dollars ($1,000,000,000);
(d) that exploits, harms, or attempts to exploit or harm minors in any way, including through the use of inappropriate content targeted at minors and by exposing them to inappropriate content or otherwise, including, without limitation, grooming content, nudity, bullying (including cyberbullying content), or threatening, or harassing content or content that celebrates the suffering of minors, or content that promotes or threatens the sexualization of children;
(e) that is pornographic, sexually explicit or offensive;
(f) that is obscene, defamatory, libelous, bullying, profane, indecent;
(g) that contains any elements of racism, violence or hatred or conveys a message of hate against any individual or group or contains profanity;
(h) that promotes or facilitates suicide or self-harm, including eating disorders;
(i) content that promotes harassing, threatening, intimidating, predatory, or stalking conduct;
(j) that are factually inaccurate, misleading or deceptive, including content that denies the existence of specific health conditions;
(k) that is fraudulent, including content that manipulates, defrauds, or deceives others for money or property, including financial, identity, or rewards scams;
(l) that furthers or promotes criminal activity or provides instructional information about illegal activities, including content that promotes or facilitates transactions in illegal drugs, weapons, or other dangerous materials, or illegal services such as human trafficking or sexual services;
(m) that is highly repetitive and/or unwanted including "Spam" messages;
(n) in advertisements for medical devices or services or pharmaceutical products or political advertising;
(o) that publishes a person's private information without their permission or content that illegally uses somebody's voice or visual representation, or the unauthorized use of another person's identity for harmful, non-satirical purposes, including unauthorized sexualization or automated calls;
(p) that is designed to compromise security or gain unauthorized access to computer systems or networks, including spoofing or social engineering;
(q) election misinformation content, including the following: (a) content designed to mislead voters about the time, place, means, or eligibility requirements for voting, or false claims that could materially discourage voting (b) content intended to impersonate political candidates or elected government officials (c) content that promotes or incites interference with democratic processes, including disinformation campaigns (d) spreading misinformation about candidates, parties or voting procedures or (e) encouraging or promoting voter suppression, intimidation or misinformation.
(r) that impersonates or attempts to impersonate any person or represent that content from the Services was human generated when it is not; or
(s) otherwise violate applicable laws.
2. Avatars, Voices and Models
The Service provides you with an option to use Avatars and voices generated by the Services ("Voices") for the purposes of its Customer Created Videos. The Service also provides you with an option to use stock media which may include images of real persons ("Models"). You understand and acknowledge that Avatars, Voices and Models available in the Services are based-on real people ("Actors") and the use of Avatars, Voices and media containing Models is subject to specific licensing conditions. Accordingly, if you wish to use an Avatar, Voice or media containing a Model, then the following additional restrictions apply. In addition to the above restrictions in clause 1 (Prohibited Use) of this Acceptable Use Policy, you shall not use Avatars, Voices or media containing Models in Customer Created Content:
(a) in a way that it damages or falsifies the Actor's reputation or otherwise defamatory;
(b) in a way that a person would reasonably find offensive;
(c) alongside or in connection with regulated or not age-appropriate goods or services, such as gambling, adult entertainment venues, escort services, dating services, or the sale, advertisement or use of liquor, tobacco products or illicit drugs;
(d) in which the Avatar, Voice or Model is making any kind of statement of opinion, including expressing any personal preferences or experiences as their own preferences or experiences, or endorsing a political party, candidate, elected official, or opinion;
(e) in which the Avatar, Voice or Model is making any kind of statement of fact or opinion regarding religion, politics (including by providing voting information or political campaigns), race, gender, sexuality, or other similar topics that are known to be sensitive to certain demographics;
(f) in which the Avatar, Model or Voice is partaking or engaging in immoral or criminal activity;
(g) to create trademarks, design-marks, service-marks, or other similar protected or registrable rights, as or part of non-fungible tokens (NFTs) or similar;
(h) for television broadcasting or advertising; or
(i) as suffering from, or medicating for, a physical or mental ailment.
3. Colossyan Materials and Licensed Materials — Additional Restrictions
You agree that you will not:
(a) download or use or attempt to download or use any Colossyan Materials or Licensed Materials in its original, unaltered form or for any standalone use;
(b) distribute, export, post, or upload, Colossyan Materials or Licensed Materials online in a downloadable format;
(c) use Colossyan Materials or Licensed Materials for training machine learning or artificial intelligence systems; or
(d) use Colossyan Materials in non-fungible tokens (NFTs).
4. Colossyan Services — Restrictions
You agree that you will not directly or indirectly:
(a) rent, lease, distribute, sell, offer in service bureau, transfer, or sublicense the Services to a third party;
(b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services, the Colossyan Materials, the Licensed Materials or the Software, documentation or data related to the Services;
(c) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Colossyan or authorized within the Services);
(d) remove any proprietary notices or labels from the Colossyan Services;
(e) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods;
(f) excessively or disproportionately use the Services, including but not limited to unusually high-volume requests within short time periods, automated bulk generation, or usage that impacts system performance for other users;
(g) access the Colossyan Services, Colossyan Materials or Licensed Materials for performance benchmarking or for building a competitive product, including to develop any artificial intelligence models that compete with the any features available in the Colossyan Services; or
(h) access the Colossyan Services to create or publish content that could reasonably be perceived as competitive with the Colossyan Services.
Questions? Contact us at [email protected].