Acceptable Use Policy

This Acceptable Use Policy constitutes part of Customer’s Agreement to access and use the Platform where so incorporated. Unless otherwise defined, all capitalised terms on this page shall have the meaning given to them in the Agreement.

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Customer shall not use (and shall not enable or assist any person in using) the Pencil Technology, Services and/or any

Outputs:

1. in any manner that violates applicable law;
2. to create, market or distribute any product or service that is similar to or competitive with any part of the Pencil Technology; 
3. to introduce to the Pencil Technology any ‘back door’, ‘drop dead device’, ‘time bomb’, ‘Trojan horse’, ‘virus’ or ‘worm’ or any other equivalent code, software routine or instructions designed or intended to disrupt, disable, harm or otherwise impede in any manner the operation of the Pencil Technology or any device, system, data or file owned or controlled by Pencil or any third party; 
4. in a manner (including through query access) to gather information as to infer the operation of, or replicate, all or any part of any machine learning models, datasets or other technologies forming part of the Pencil Technology or any Third-Party AI Models (including as part of any so called ‘model extraction’, ‘model inference’ or ‘model inversion’ techniques or similar); 
5. to modify, copy, resell, rent, lease, sub licence, load, merge, adapt, translate or create derivative works of the Pencil Technology; 
6. to contest, challenge or otherwise make any claim or take any action adverse to Pencil’s ownership of, or interest in, the Pencil Technology; 
7. to engage in any competitive analysis or benchmarking of the Pencil Technology; 
8. to remove, alter or obscure any trade mark notice, copyright notice or any other proprietary notice from the Pencil Technology; 
9. to circumvent, disable, or interfere with security related, rate limiting, authentication-related or copy protection features of the Pencil Technology or features that limit, prevent or restrict use, access to, or copying of the Pencil Technology; 
10. to reverse engineer, decompile, unbundle or disassemble the whole or any part of the Pencil Technology, unless and to the extent permitted by unavoidable laws of Customer’s jurisdiction for limited interoperability purposes; 
11. to impose an unreasonable or disproportionately large load or strain on the Pencil Technology or make a disproportionate number of queries to the Platform in a manner that would materially exceed the then-available number of Credits and have a material adverse effect on the operation of the Platform; 
12. to automatically publish or make generally available any Outputs without human intervention, review and approval; 
13. in any manner that violates any industry self-regulatory advertising guidelines or codes of practice (including the UK Code of Non-broadcast Advertising and Direct Promotional Marketing) and/or any other industry self-regulatory principles or codes of conduct by Customer is bound or otherwise represents compliance; 
14. in any manner that infringes, violates or misappropriates any rights of any third party (including Intellectual Property Rights, privacy rights or rights in respect of private information, publicity rights or any other rights to a persons’ name, image or likeness);
15. for any purpose that is or might reasonably be considered to be obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, hateful or inflammatory;
16. for the purpose of, or in any manner that is reckless or negligent as to the risk of, exploiting, harming or attempting to exploit or harm natural persons under the age of eighteen (18) or vulnerable natural persons (having regard to their social, economic, physical or mental characteristics or circumstances);
17. to generate or disseminate demonstrably false or misleading information and/or content for the purpose of, or in any manner that is reckless or negligent as to the risk of, exploiting any natural persons;
18. to generate Outputs that promote, encourage, or depict acts of self-harm, such as suicide, cutting, and eating disorders, and/or that are offensive to human dignity;
19. for any military, para-military, militia or similar uses;
20. in any manner that is threatening, harmful, abusive or likely to incite violence or foment political unrest or insurrection; 
21. to make any solely-automated decisions which have legal or any similarly significant effects (including that would or would purport to create or modify a binding, enforceable obligation);
22. for the purpose of, or in any manner that is reckless or negligent as to the risk of, prejudicially discriminating against or harming natural persons or groups based on online or offline social behaviour or known or predicted personal or personality characteristics;
23. for any purpose that has, or in any manner that is reckless or negligent as to the risk of having, a high risk of economic harm (including multi-level marketing, gambling, payday lending, and/or automated determinations of eligibility for credit, employment, educational institutions, or public assistance services);
24. for or in connection with any fraudulent or deceptive activity (including scams, coordinated inauthentic behaviour, astroturfing, such as fake grassroots support or fake review generation, disinformation, spam and pseudo-pharmaceuticals);
25. for or in connection with any political campaigning or lobbying, which involves generating high volumes of campaign materials, generating campaign materials personalised to or targeted at specific demographics; 
26. in direct connection with the administration of justice, law enforcement, immigration or asylum processes; 
27. for any use intended to, or which has the effect of, discriminating against natural persons or groups based on legally protected characteristics or categories (including any ‘special categories of personal data’ as defined in the General Data Protection Regulation 2016/679 of the European Union);
28. in any manner that results in the use of Outputs constituting ‘deep fakes’ (meaning AI-generated or manipulated images or videos that resemble existing persons, objects, places, entities or events and would falsely appear to a person to be authentic or truthful) without disclosing that the Output has been artificially generated or manipulated; 
29. for any use or purpose that would render an AI system a ‘high-risk AI system’ for the purposes of Article 6 of the EU Artificial Intelligence Act (Regulation (EU) 2024/1689); and/or
30. take any action designed or intended to do any of the foregoing.

Without limitation to any other rights and remedies available to it in the circumstances, Pencil may impose permanent or temporary reasonable limits on use of the Platform or suspend the provision of any access to the Platform and/or any and all other parts of the Services for any breach of this Acceptable Use Policy.