This Acceptable Use Policy (the “AUP”) forms part of the Agreement, and it sets the rules that the Client and each Authorized User must follow when accessing or using the Software.

The Client must ensure that each Authorized User complies with this AUP.

Capitalized terms not defined in this AUP have the meanings given in the General Terms and Conditions (the “GTC”).

§ 1Definitions

For the purposes of this AUP, the following terms have the meanings set out below:

Agreement

The Order Form, the General Terms and Conditions, the Data Processing Addendum, and the Acceptable Use Policy, which together govern the Client’s Subscription Plan.

Applicable Law

Any law, regulation, or binding decision or order of a competent authority that applies to the relevant Party, the Software, or the performance of the Agreement, in each case as amended from time to time.

Authorized User

A natural person authorized to access or use the Software under the Client’s Subscription Plan, whether through a User Account or an Integration.

Client

The natural or legal person that has purchased a Subscription Plan.

Integration

Any feature, connection, interface, protocol, connector, extension, add-in, or other technical mechanism that enables the Software to be accessed or used from, connected to, or exchange information with a Third-Party Service.

Misuse

Use of the Software by an Authorized User, in breach of the AUP or for a purpose materially outside the Client’s Subscription Plan.

Output

Any result, analysis, suggestion, summary, or other material generated by the Software in response to User Content or another authorized use of the Software, whether initiated directly by an Authorized User or through an Integration on the Client’s behalf.

Platform

The Software together with the technological infrastructure on which it operates.

Software

Affine, a web-based application developed by NeuralShift and made available on a Software-as-a-Service basis under a valid Subscription Plan, including the components of any Integration provided by NeuralShift.

Subscription Plan

The Software access and service package specified in the Order Form.

Subscription Term

The subscription period specified in the Order Form, during which the Subscription Plan is in force, including any renewal period agreed by the Parties.

Third-Party Service

Any third-party software, application, platform, marketplace, interface, service, or other environment with which the Software interoperates through an Integration.

User Account

An account created for an Authorized User to access the Software under the Client’s Subscription Plan.

User Content

Any data, information, document, text, image, prompt, request, or other material uploaded, entered, submitted, transmitted through an Integration, or otherwise made available to the Software by or on behalf of the Client or an Authorized User, and processed or stored on the Platform in connection with use of the Software.

§ 2Prohibited Uses

The Client and each Authorized User must not:

1. Use the Software unlawfully or in breach of Applicable Law;
2. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, algorithms, system instructions, or underlying structure of the Software, except to the extent that Applicable Law does not allow that restriction;
3. Modify or create derivative works of the Software without NeuralShift’s prior written consent;
4. Remove, modify or conceal any notice or marking relating to confidentiality, intellectual property, trademarks, logos, authorship, or other distinctive signs of NeuralShift contained in or displayed with the Software or an Output;
5. Resell, distribute, sublicense, or otherwise make the Software or access to it available to any person outside the scope of the Subscription Plan;
6. Use the Software or an Output to develop a competing product or service or carry out benchmarking for a competitive purpose or for the benefit of a competitor;
7. Use the Software or an Output to train, fine-tune, or develop an artificial intelligence or machine learning model;
8. Use scraping, crawling, automated agents, or another automated or programmatic method to extract data or Outputs, except through an Integration or another method expressly made available or authorized in writing by NeuralShift;
9. Overload, disrupt, impair, or otherwise interfere with the availability, security, or integrity of the Software, the Platform, or a Third-Party Service connected through an Integration;
10. Access or attempt to access, without authorization, the Software, the Platform, or a Third-Party Service connected through an Integration;
11. Manipulate, override, or circumvent system instructions, safety measures, access controls, or other security controls, including through prompt injection, adversarial inputs, or equivalent techniques;
12. Introduce malware or other harmful code into the Software, the Platform, or a Third-Party Service connected through an Integration;
13. Access or use the Software from, or for the benefit of, a jurisdiction or person subject to applicable trade sanctions or export-control restrictions;
14. Use the Software through an Integration in breach of the terms governing the relevant Third-Party Service;
15. Submit to the Software any genetic or biometric data, payment card data, or special categories of personal data within the meaning of Article 9 of Regulation (EU) 679/2016, except where strictly necessary, lawfully authorized, and subject to prior anonymization or pseudonymization;
16. Use the Software for a practice prohibited by Article 5 of Regulation (EU) 2024/1689;
17. Use the Software as a high-risk AI system within the meaning of Article 6 of Regulation (EU) 2024/1689 unless that use is expressly allowed in the Order Form and all requirements applicable to that use are satisfied.

§ 3User Accounts and Access Security

Each Authorized User who accesses the Software directly must use their own User Account, associated with an email address that identifies them.

Generic, functional, shared, or group addresses must not be used for a User Account, except that a service account, token, service principal, or tenant credential may be used for an Integration where NeuralShift expressly supports that method.

The Client must keep account and access information accurate and up to date and must notify NeuralShift without undue delay once a person ceases to be an Authorized User so that their access may be revoked.

The Client or the Authorized User must notify NeuralShift without undue delay of any actual or suspected compromise, unauthorized access, or misuse of credentials.

§ 4User Content and Outputs

The Client and each Authorized User must ensure that they have all rights, permissions, instructions, and lawful bases required to submit and process User Content through the Software or an Integration.

The Client and each Authorized User must ensure that User Content containing confidential, privileged or personal data is submitted only where necessary for the intended purpose, and that its submission and processing complies with Applicable Law, applicable professional rules, the Agreement and any obligations owed to third parties, including any applicable requirements relating to data minimization, anonymization or pseudonymization.

Credentials must not be submitted as User Content and may be used only to authenticate to the Software, whether directly or through an Integration.

An Authorized User must disclose the artificially generated nature of an Output where required by Applicable Law or professional rules and must not present an Output as unassisted human work where the distinction would be relevant to the recipient.

The Client and each Authorized User must not submit or use content or an Output in a manner that infringes third-party rights and must cite or attribute sources where required by Applicable Law or the license governing the relevant source.

An Authorized User shall not use an Output that they have contested under Section 5.1(c), or that they have reasonable grounds to suspect is materially inaccurate, unlawful or infringing of third-party rights.

§ 5User Rights

Each Authorized User may:

1. Access information made available by NeuralShift on the functioning and limitations of the Software;
2. Use the explainability mechanisms for Outputs available on the Platform, including identification of the sources used and explanation of relevance criteria, subject to elements protected by trade secrets or intellectual property rights;
3. Contest Outputs that the Authorized User considers inaccurate or otherwise problematic.

§ 6Reporting and Enforcement

A breach of this AUP constitutes Misuse, which may be investigated by NeuralShift.

Where NeuralShift has reasonable grounds to suspect Misuse, it may, on a precautionary basis and without prior notice, suspend or restrict access to the relevant User Account for such period as is reasonably necessary to investigate the suspected Misuse and to protect the Software, the Platform, and other Authorized Users. Such precautionary suspension is without prejudice to the consequences set out in this Section 6 and shall not constitute a breach by NeuralShift.

NeuralShift may monitor use of the Software to the extent necessary to detect, prevent, and address Misuse and to protect the security and integrity of the Platform. Such monitoring is limited to usage, account, and technical information and to metadata generated through the use of the Software, and does not extend to the substance of User Content. Where required to do so under Applicable Law, NeuralShift may disclose information relating to Misuse to a competent authority.

The rights and remedies in this Section 6 are cumulative and do not limit any other right or remedy available to NeuralShift under the Agreement or Applicable Law.

The Client and each Authorized User must cooperate reasonably with an investigation and take any proportionate corrective measure reasonably requested by NeuralShift, which may include resetting credentials, requesting revocation of unauthorized access, stopping the affected use, and preserving relevant technical information.

Misuse, problematic Outputs, actual or suspected credential compromise, unauthorized access, and security incidents must be reported promptly using the contact details below.

§ 7Amendments to this Policy

NeuralShift may amend this AUP by giving the Client at least 30 days’ prior written notice stating the effective date of the revised AUP, except that an amendment required by Applicable Law may take effect on the date required by that law, and the Client must communicate the revised AUP to each Authorized User before the effective date.

Use of the Software on or after the effective date constitutes acceptance of the revised AUP, which supersedes all prior versions, unless the amendment materially and adversely affects the Client and the Client terminates the Agreement by written notice given before that date.

§ 8Contact

For questions regarding use of the Software, technical support, problematic Outputs, suspected Misuse, or security incidents: