1. Introduction

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This Acceptable Use Policy (“AUP”) outlines the acceptable and prohibited uses of the AI infrastructure and services provided by Nscale (“Nscale Platform”). Our goal is to ensure the responsible, legal, and ethical use of our resources, including the Nscale Platform. All users of our services (including all contracting parties (“Customers”) and each of their respective end users) (“Users”) must adhere to this AUP and all applicable laws, including local regulations of the jurisdiction(s) in which the services are being performed or Nscale Platform is being accessed, data protection laws, export control and trade compliance laws. Each of Nscale’s Customers shall be responsible for compliance with this AUP on its own behalf and by each of its end users from time to time (irrespective of whether such end users’ access or use was specifically authorised or permitted by the Customer). 

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This AUP is not exhaustive, and Nscale reserves its rights to take any action in respect of any matter it considers falls within the scope of this AUP in connection with the use of the Nscale Platform, regardless of whether the content or uses are specifically described below.

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2. General Principles

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At all times while accessing and using the Nscale Platform or related services, all Users must:

• Comply with all applicable local, national, and international laws and regulations, directly or indirectly relating to the access and use of the Nscale Platform.
• Use the services and the Nscale Platform responsibly and ethically, ensuring their activities do not infringe upon the rights or safety of others.
• Without limiting the foregoing, ensure that their access and use of the Nscale Platform is at all times in accordance with international laws including but not limited to all applicable data and technology laws and regulations relating to  data protection, privacy, online safety, cyber security and international trade compliance.

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3. Prohibited Uses

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All Users are strictly prohibited from using the Nscale Platform to promote, undertake, facilitate, aid, abet or conceal any of the following:

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3.1 Illegal Activities

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• Engage in activities that are illegal under UK law or applicable international laws, or which facilitate illegal activity.
• Facilitate or participate in fraud, deception, identity theft, or other forms of criminal activity.
• Host, share, store, access, use or create content that violates intellectual property rights of any third party without proper authorisation, including but not limited to any rights in or to copyright, patent, trademark, trade secret, privacy or publicity, and publishing content intended to assist others in unlawfully circumventing technical measures intended to protect any such rights.

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3.2 Harmful or Malicious Activities

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• Develop, deploy, access (intentionally, knowingly or recklessly), store, distribute or transmit any worms, Trojan horses, malware, timebombs, lock-out features or other ransomware, viruses, phishing, or hacking tools or other similar tools designed for unauthorised access, data theft, or harm to individuals, organisations, or critical infrastructure.
• Engage in activities that compromise or violate the security, integrity, or availability of Nscale’s systems, network, or other users’ services, or any other network, computer or communication system, software application, or network or computing device.
• Conduct distributed denial-of-service (DDoS) attacks, traffic manipulation, or other actions designed to disrupt the availability of networks or services.
• Create, store, access or disseminate any content that incites or threatens violence against any person, promotes terrorism, is intended to harass, abuse or invade the privacy of any individual, creates a risk to the physical safety or health of any individual or to public safety or health, or that threatens or encourages harm on the basis of race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, serious disease or disability, or immigration status.
• Unlawfully sell or distribute any form of controlled substance, including but not limited to any illegal or prescription drugs.
• Probe, scan, penetrate, or test the vulnerability of the Nscale Platform, or breach Nscale’s security or authentication measures, whether by passive or intrusive techniques, or conduct any security or malware research on or using the Nscale Platform, without Nscale’s prior written consent.
• Any other activities or undertakings that cause, or could reasonably be likely to cause, harm to Nscale’s business, operations or reputation. 

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3.3 Misuse of AI and Machine Learning

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• Copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any part of the Nscale Platform without Nscale’s prior written consent.
• Reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Nscale Platform (including any related object code and source code). 
• Develop or deploy AI models or algorithms for unethical or prohibited purposes and practices, including but not limited to disinformation, manipulation, untargeted facial scraping, work-related emotion recognition, social scoring fraud, criminal profiling, unlawful biometric categorisation, unrestricted mass facial recognition monitoring or automated decision-making without transparency.
• Train or deploy AI applications designed for surveillance, discrimination, harassment, or violation of privacy rights.
• Engage in AI development that may contribute to social harm, including but not limited to bias in AI decision-making or reinforcement of stereotypes.

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3.4 Sanctions Compliance

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• Conducting or facilitating transactions with, or for the benefit of, any individual or entity that is the subject of economic or financial sanctions, or that is owned or controlled by such an individual or entity.
• Conducting or facilitating transactions from, through or within any country or region that is subject to comprehensive territorial sanctions, or developing or deploying applications, workflows or other solutions that are intended to support or enable such transactions.
• Using the Nscale Platform in any manner that would violate any applicable sanctions or export control laws or regulations, including those administered by the United Kingdom, the United States, the European Union, or any other governmental authority with jurisdiction over you or Nscale, or that is intended to circumvent, evade, avoid or frustrate such laws or regulations.
• Engaging in any activity that would, or is reasonably likely to, result in Nscale being in breach of any applicable sanctions or export control laws or obligations, or that would cause Nscale to receive funds, data or other value derived from a breach of such laws or obligations.

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3.5 Violation of Privacy and Data Protection Laws

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• Collect, store, process, disclose or distribute personal data without proper authorisation or in violation of applicable data protection laws, including the UK General Data Protection Regulation (GDPR).
• Engage in data scraping, profiling, or data mining of private individuals without explicit consent.

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4. Ethical AI Use Guidelines

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4.1 Fairness and Transparency

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Users shall strive to develop AI systems that are fair, transparent, and accountable. All reasonable commercial efforts should be made to minimise algorithmic bias, and any limitations or potential biases in AI models should be disclosed.

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4. 2 Data Privacy and Security

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Users are expected (and may be legally required) to implement their own data privacy and security measures to safeguard personal information and comply with GDPR and other relevant data protection standards.

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4.3 Non-Discrimination and Inclusivity

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AI models shall not be used to discriminate against individuals based on protected characteristics such as race, gender, ethnicity, religion, or sexual orientation.

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4.4 Responsible AI Deployment

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AI applications that interact with end-users shall be designed and implemented to avoid harm. Users must take responsibility for ensuring their AI systems do not deceive, manipulate, or otherwise harm individuals or society.

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5 Monitoring 

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The Nscale Platform and Users’ access and use thereof may be monitored, subject to applicable laws, for the purposes of verifying compliance with this AUP. 

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Nscale reserves the right, but has no obligation (unless required by applicable laws and regulations and/or a lawful and mandatory request from a competent regulatory authority, law enforcement or other public agency), to investigate any suspected breach of this AUP or misuse of the Nscale Platform by any User, provided Nscale has actual knowledge or reasonable grounds to justify such investigation. In connection with such investigations, Nscale may report any activity that it reasonably suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing, reviewing and preserving appropriate User information consistent with applicable law. Nscale may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

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6. Violations of AUP

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6.1 Reporting Violations

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If any Customer of Nscale becomes, or should reasonably become, aware of any suspected violation of this AUP, the Customer must promptly notify Nscale by providing a full explanation of the suspected violation. Nscale may request further information from the Customer and/or Customer's assistance to help stop or remedy the violation. 

Any person may report suspected violations of this AUP to Nscale at security@nscale.com. We will investigate such reports and take appropriate action based on our findings.

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6.2 Consequences of Violations

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If Nscale determines, in its good faith discretion, that any User has failed to adhere to this AUP, Nscale may take any of the following actions:

• Suspend or terminate access or use by the Customer (and all associated User’s) of the Nscale Platform and any other services, regardless of whether the violation is committed unintentionally or without the Customer’s permission.
• Remove, disable access to, or modify any offending content or resource, as well as intercept or block any traffic to/from such offending content or resource.
• Disclose user data (including network and systems information related to such alleged violation) to relevant law enforcement or regulatory authorities, where legally permitted or required to do so.
• Commence, institute or conduct any legal action deemed appropriate by Nscale to protect its legitimate interests.

Nothing in this AUP shall be construed as an obligation on Nscale to take any action within a specified period or with respect to any actual or suspected violation, and Nscale may exercise its rights in connection with this AUP at any time within its sole discretion.

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7. Modifications to AUP

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Nscale reserves the right to modify this AUP at any time. Changes will take effect upon posting an updated version of this AUP on our website or notifying users by email. Continued use of the Nscale Platform or any related services after any such change shall constitute acceptance by the User of the new terms.

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8. Acknowledgment

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By using the Nscale Platform and Nscale’s services, Users agree to this AUP and affirm their commitment to ethical, legal, and responsible AI practices.