Acceptable Use Policy
This Acceptable Use Policy (“AUP”) applies to Customer’s use of the Services offered by AIH Technology Inc. or any of its Affiliates. In the event of any conflict or inconsistency among the following documents, and, except as otherwise set expressly forth in an Order Form, the order of precedence shall be (1) this AUP, (2) product-specific terms, (3) the Agreement, and (4) the Documentation.
“FRaaS Services” means the products and services that are ordered by Customer under an Order Form or by accessing the FRaaS API, or provided by AIH to Customer on a trial basis or otherwise free of charge. AIH Services generally consist of platform services, namely access to the AIH application programming interface (also known as AIH APIs) and where applicable.
“Sensitive Data” means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), financial information, banking account numbers or passwords; (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords, mother’s maiden name, or date of birth; (f) facial biometric ID; or (g) any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law relating to privacy and data protection.
Capitalized terms in this AUP that are not otherwise defined in this AUP have the meanings given in the Agreement.
Customer agrees not to use, and, not to encourage or allow any End User to use, the Services in the following prohibited ways:
1. Using the Services in a manner that is or otherwise encourages (a) any illegal, fraudulent, or abusive activities or (b) materially interfering with the business or activities of AIH or harms other AIH customers.
2. Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a material security or service risk to AIH or any of its other customers.
3. Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
4. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Services.
5. Transmitting any material, data, or content that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
6. Violating or facilitating the violation of any applicable laws or regulations of any applicable jurisdiction, including, without limitation, (a) applicable laws or regulations related to privacy protection; (b) applicable laws or regulations that prohibit use of facial recognition and any related application; (c) applicable anti-spam laws or regulations such as the CAN SPAM Act of 2003, Canada’s Anti-Spam Legislation, or (d) applicable data protection or privacy laws, regulations, or legislation.
7. Using the Services in connection with unsolicited, unwanted collection of biometric data, including, but not limited to, facial recognition data.
8. Using the Services to harvest or otherwise collect information about individuals, including facial biometric data, without their explicit consent or under false pretenses.
9. Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, or any Federal and/or Provincial Health Information Protection Legislations in Canada, unless Customer has signed a Business Associate Agreement with AIH or Customer’s use of the Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
10. Using the AIH Services to process and store facial biometric IDs without securing consent from the End-Users as required under applicable law (including, as applicable, Personal Information Protection and Electronic Documents Act in Canada and similar laws in various applicable jurisdictions).
11. Using the Services in a manner that generates inquiries from a law enforcement, government, or regulatory agency or triggers such an agency to request the suspension of the Services to the Customer.
12. Using the Services to transmit any material, data, or content that infringes the intellectual property rights or other rights of third parties.
13. Using the Services to produce any material or application that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful acts to any person or entity, including but not limited to any applications that AIH reasonably believes discriminates, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
Sensitive Data. Customer acknowledges that the Services are not intended for the processing of Sensitive Data. Customer is responsible for ensuring that suitable safeguards are in place prior to processing any Sensitive Data over the Services, or prior to permitting End Users to process Sensitive Data using the Services. Except in the context of a specific agreement between the parties regarding the processing of Sensitive Data, any transmission or processing of Sensitive Data is solely at Customer's own risk. AIH will have no additional liability, including, without limitation, any indemnification obligations, whatsoever in connection with any Sensitive Data transmitted or processed via the Services.
Your Acceptance: Following such notice, Customer’s continued access or use of the Services on or after the effective date of the changes to the AUP constitutes Customer’s acceptance of any updates. If Customer does not agree to any updates, Customer should stop using the Services.