Acceptable Use Policy

This AUP is incorporated by reference into the Agreement. A violation of this AUP is a breach of the Agreement. eyko may update this AUP from time to time in accordance with Section 12 (Updates to This AUP). The current version of this AUP is always available at https://eyko.ai/aup.

You agree to comply with all applicable laws, regulations, and the terms of the Agreement in connection with your use of the Service. You may not use the Service to host, store, post, transmit, or otherwise process any material that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation. The categories of prohibited activities in Sections 2 through 6 are illustrative and non-exhaustive; eyko reserves the right to identify additional misuse not specifically listed below.

Without limiting the foregoing, you shall not, and shall not permit any third party to, use the Service for or in connection with any of the following:

Benchmarking, developing, or training any product, service, model, or offering that competes with or substitutes for the Service, or recruiting for any platform offering competing functionality.

Reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code, model weights, system prompts, training data, or underlying intellectual property of the Service, except to the extent such restriction is prohibited by applicable law.

Adapting, modifying, translating, or creating derivative works based on the Service, the Connectivity Tools, the technology underlying the Service, or other users' content.

Duplicating, licensing, sublicensing, publishing, broadcasting, transmitting, distributing, performing, displaying, selling, rebranding, or otherwise transferring information found on or generated by the Service (excluding your own Evaluator Data), except as permitted by the Agreement or as expressly authorized by eyko in writing.

Any activity that, in eyko's reasonable judgment, adversely affects the quality of other customers' experience, or interferes with, restricts, inhibits, degrades, or limits use of, access to, or the security of the Service or eyko's networks.

Introducing or attempting to introduce viruses, worms, Trojan horses, ransomware, spyware, or other malicious code into the Service or any related network or system.

Circumventing or attempting to circumvent any authentication, security, rate-limit, usage-quota, or access-control mechanism of the Service.

Monitoring, scanning, intercepting, or testing the Service for vulnerabilities or performance characteristics, except as expressly authorized in writing by eyko under Section 8 (Responsible Disclosure).

Sabotaging, attacking, or otherwise compromising the Service, the Connectivity Tools, eyko's infrastructure, or the systems of any other party.

Submitting excessive, repetitive, or frivolous support requests that, in eyko's reasonable judgment, exceed reasonable use.

Sharing account credentials, multi-factor authentication factors, or session tokens with any other person or entity; engaging in concurrent logins from the same account by multiple individuals; or circumventing any per-user licensing or seat-count restriction.

Falsifying user identification, organizational affiliation, or other registration information.

Impersonating any person or entity, including an eyko representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Collecting identity information, authentication credentials, or other information from or through the Service by any method, software, process, or program, whether by scraping, crawling, headless-browser automation, or other manual or automated means, except as expressly authorized by eyko in writing.

Transmitting, uploading, storing, or processing material that is illegal, abusive, indecent, defamatory, libelous, harassing, obscene, pornographic, menacing, or that constitutes a breach of confidence, privacy, or similar third-party rights.

Transmitting, uploading, storing, or processing material that violates any third-party right, including any contract, intellectual property, privacy, publicity, or personal right anywhere in the world.

Transmitting, uploading, storing, or processing material that you do not have a right to transmit under applicable law, contract, or fiduciary obligation (including insider information, trade secrets, or information learned under a non-disclosure obligation).

The Service incorporates artificial intelligence, machine learning, and other probabilistic technologies. In addition to all other restrictions in this AUP and the Agreement, you shall not, and shall not permit any third party to:

Attempt to extract or reverse engineer the model. Engage in prompt injection, model extraction, training-data inference, jailbreaking, or any other technique intended to recover or expose eyko's system prompts, model weights, training data, fine-tuning data, internal instructions, or other non-public model artifacts.

Generate harmful or unlawful content. Use the Service to generate, transmit, or further process content that (i) infringes the intellectual property rights of any third party; (ii) constitutes non-consensual intimate imagery, child sexual abuse material, or sexually explicit content involving any real person without verifiable consent; (iii) impersonates a real person without that person's consent; (iv) promotes or facilitates violence, terrorism, self-harm, or discrimination on the basis of any protected characteristic; or (v) is otherwise prohibited by applicable law.

Use the Service in high-risk applications without prior written approval. Without eyko's express prior written consent, you shall not use the Service or its outputs as a primary basis for decisions in any application where failure, inaccuracy, or misuse could result in death, personal injury, severe environmental harm, severe property damage, or denial of fundamental rights. This includes, without limitation, medical diagnosis or treatment, autonomous vehicles or other safety-critical control systems, weapons systems, critical infrastructure (including energy grids, water systems, financial market infrastructure), and emergency response.

Do not use the Service to make fully automated decisions about individuals where law requires human review. Where applicable law (including the California Consumer Privacy Act / California Privacy Rights Act, the EU General Data Protection Regulation, the EU AI Act, the Fair Credit Reporting Act, the Equal Credit Opportunity Act, Title VII of the Civil Rights Act, the Fair Housing Act, the Americans with Disabilities Act, and applicable state insurance laws) requires meaningful human review or otherwise restricts solely automated decision-making, you are responsible for ensuring that any use of the Service's outputs in such contexts complies with those requirements.

Disclose AI-generated outputs as required by law. Where applicable law requires disclosure that content is AI-generated or that the user is interacting with an AI system (including California Business & Professions Code § 17941, California SB 942, the EU AI Act Article 50, and comparable laws), you are responsible for making such disclosures with respect to your use of the Service's outputs.

Do not use the Service to train competing AI systems. You shall not use the Service, its outputs, or any data derived from the Service to train, develop, fine-tune, evaluate, benchmark, or otherwise improve any artificial intelligence, machine learning, or large language model that competes with or substitutes for the Service.

Acknowledge probabilistic outputs. Outputs of the Service may contain errors, omissions, or inaccuracies and should not be relied upon as a substitute for independent professional judgment, legal, financial, accounting, medical, or other professional advice. eyko makes no warranty as to the accuracy of any output. Decisions based on the Service's outputs are made at your sole risk.

Right to provide data. You shall only ingest, upload, or transmit to the Service data that you have all rights, licenses, consents, and authority necessary to provide.

Restricted Data Categories. You shall not ingest into the Service any data within the Restricted Data Categories specified in the Agreement (including sensitive personal information, protected health information, cardholder data, biometric identifiers, government-issued identification numbers, and children's personal information) unless expressly authorized in advance in a signed writing.

Reasonable usage. You shall comply with the storage, compute, bandwidth, and rate-limit thresholds applicable to the Service. eyko may rate-limit, throttle, or suspend ingestion that exceeds reasonable use, as determined in eyko's reasonable judgment.

No malicious uploads. You shall not intentionally upload corrupted, malformed, or maliciously crafted data designed to crash, slow, or destabilize the Service or to exploit any vulnerability.

Sanctions and export. You shall not ingest, transmit, or process any data in violation of applicable export-control or economic-sanctions laws, including those administered by the U.S. Office of Foreign Assets Control.

Sharing within Authorized Users. Dashboards, reports, exports, screenshots, and other outputs of the Service contain eyko Confidential Information and may be shared only among Authorized Users or as otherwise permitted by the Agreement.

Public marketing. You shall not use screenshots, recordings, or other reproductions of the eyko user interface in any public marketing, advertising, social media, or press materials without eyko's prior written consent.

No false representation of outputs. You shall not represent eyko's outputs as deterministic, certified, audited, or independently verified by eyko unless eyko has expressly agreed in writing.

Proprietary notices. You shall not remove, alter, or obscure any proprietary, copyright, attribution, or AI-disclosure notice on or in the Service or its outputs.

Although the Service is a data analytics platform and is not designed for outbound communications, the following are nonetheless prohibited to the extent the Service is used for any communications activity:

Sending or facilitating unsolicited bulk email, telephone calls, text messages, or other communications in violation of the CAN-SPAM Act, the Telephone Consumer Protection Act and its implementing regulations, the Telemarketing Sales Rule, or any applicable opt-in, opt-out, caller-ID, or do-not-call obligations.

Phishing, spear-phishing, smishing, vishing, or any forging or misrepresentation of message content, addresses, headers, or sender identity intended to deceive a recipient.

Setting up or referencing third-party web pages designed to facilitate spam that direct recipients to domains or IP addresses hosted by eyko.

Generating or facilitating any chain letters, pyramid schemes, deceptive online marketing, or other fraudulent communications.

eyko respects the intellectual property rights of others and expects users to do the same.

You may not upload, post, publish, transmit, reproduce, or distribute through the Service any material that is protected by copyright or other proprietary right, or any derivative work thereof, without obtaining permission of the copyright owner or other rights holder. eyko has the right, but not the obligation, to remove from the Service any material eyko believes, in its reasonable judgment, may infringe or otherwise violate the rights of others.

eyko has designated an agent to receive notifications of claimed copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). To submit a notice of claimed infringement, please send a written notification to the DMCA Designated Agent, including each element required by 17 U.S.C. § 512(c)(3):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit eyko to locate the material;

Information reasonably sufficient to permit eyko to contact you, including an address, telephone number, and email address;

A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Designated Agent (registered with the U.S. Copyright Office): legal@eyko.ai / eyko, Inc., Attn: DMCA Agent, 7 W. Figueroa St., Suite 200-300, Santa Barbara, CA 93101.

If your material has been removed in response to a DMCA notice and you believe the removal was the result of mistake or misidentification, you may submit a counter-notice to the DMCA Designated Agent containing the elements required by 17 U.S.C. § 512(g)(3).

In accordance with 17 U.S.C. § 512(i), it is eyko's policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of the copyrights of others.

eyko welcomes good-faith security research conducted in accordance with this Section 8. If you believe you have identified a security vulnerability in the Service, please report it to security@eyko.ai with sufficient detail to allow eyko to reproduce and remediate the issue.

Do not perform unauthorized penetration testing, vulnerability scanning, denial-of-service testing, or other intrusive security testing against the Service without eyko's prior written authorization.

Do not access, modify, exfiltrate, or destroy data that does not belong to you. If you incidentally encounter such data during good-faith research, stop and report immediately.

Do not publicly disclose any vulnerability before eyko has had a reasonable opportunity to investigate and remediate. eyko will work in good faith on a coordinated disclosure timeline.

Good-faith security research conducted in accordance with this Section 8 is welcomed; eyko will not pursue legal action against researchers who comply with this Section in good faith.

To report a violation of this AUP, please email legal@eyko.ai. For security incidents or vulnerabilities, please email security@eyko.ai. eyko may, in its reasonable judgment, investigate suspected violations and take any action it deems appropriate.

Where eyko reasonably believes that you are in violation of this AUP, eyko may, without limitation to its other rights or remedies under the Agreement: (a) suspend your access to the Service, in whole or in part; (b) remove or quarantine offending material; (c) terminate your account or the Agreement in accordance with the Agreement's termination provisions; and (d) report the activity to law enforcement or other competent authorities. Where reasonable under the circumstances, eyko will provide notice before taking enforcement action, but eyko reserves the right to act immediately and without notice where, in eyko's reasonable judgment, doing so is necessary to protect the Service, other customers, or eyko's systems.

You agree to defend, indemnify, and hold harmless eyko and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your acts or omissions in violation of this AUP. This indemnification obligation is in addition to, and not in limitation of, any indemnification obligations you have under the Agreement.

Failure or delay by eyko to enforce any provision of this AUP shall not constitute a waiver of that provision or any other provision. eyko's rights and remedies under this AUP are cumulative and in addition to all other rights and remedies under the Agreement, at law, in equity, or otherwise.

eyko may update this AUP from time to time. For changes that materially increase your obligations or restrict your rights, eyko will provide notice at least thirty (30) days before the updated AUP takes effect, by (a) email to the notice address for the Agreement and (b) publication of the updated AUP at https://eyko.ai/aup. For non-material changes (including typographical corrections, formatting changes, and clarifications), eyko may make the change effective immediately upon publication. Your continued use of the Service after the effective date of an updated AUP constitutes your acceptance of the updated AUP.

Questions about this AUP may be directed to legal@eyko.ai. Security questions and vulnerability reports should be directed to security@eyko.ai.