The following AI Acceptable Use Policy (“<U>AUP</u>”) is hereby attached to and made part of the TOS entered into between AssemblyAI and Customer. If there is a conflict between the TOS and this AUP, the provisions of this AUP shall control. Unless otherwise expressly provided within the TOS, or mutually agreed to between the Parties in writing, this AUP is effective as of the TOS Effective Date, and will remain until expiration or termination of the TOS.

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Throughout this AUP we’ll refer to ourselves as “<u>we</u>,” “<u>us</u>”, “<u>our</u>”, or “</u>AssemblyAI”</u>. Depending on how you are using our Offerings, we may refer to you as “<u>you</u>”, “<u>your</u>”, “<u>yours</u>”, “<u>User</u>”, “<u>Customer</u>”, or “<u>Visitor</u>". Moreover, when interpreting this AUP, note that the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”. Similarly, the word “or” is not exclusive; additionally, the words “herein,” “hereof,” “hereto,” and “hereunder” refer to this AUP as a whole.

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By using or accessing our Offerings, you are accepting the practices described in this AUP. We may also update this AUP (in our sole discretion). Non-material changes (such as clarifications) to this AUP will become effective on the change date. We will notify you in advance of any material changes to this AUP, as appropriate. The date on which the latest update was made will be indicated at the top of this document. As such, we recommend that you print a copy of this AUP for your reference and revisit this policy from time to time to ensure you are aware of any changes. Use of our Offerings after a change has been made will signify your acceptance of such change(s).

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If you have any questions about this Policy, you may contact us anytime (see Contact Us below)!

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1.<span class="indent">&nbsp;</span>DEFINITIONS

1.1<span class="indent"></span><u>AI Technology</u>. "AI Technology" means any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment [capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts.

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1.2<span class="indent"></span><u>Applicable Law</u>. “<u>Applicable Law</u>” has the same meaning as used in the Terms of Service.

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1.3<span class="indent"></span><u>EU AI Act</u>. "<u>EU AI Act</u>" has the same meaning as used in the TOS.

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1.4<span class="indent"></span><u>Input</u>. "<u>Input</u>" has the same meaning as used in the TOS.

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1.5<span class="indent"></span><u>Output</u>. "<u>Output</u>" has the same meaning as used in the TOS.

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1.6<span class="indent"></span><u>Platform</u>. "<u>Platform</u>" has the same meaning as used in the TOS.

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1.7<span class="indent"></span><u>Services</u>. "<u>Services</u>" has the same meaning as used in the TOS.

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1.8<span class="indent"></span><u>Uses</u>. “<u>Service Uses</u>” refers to any use of the Services; submission of, uploading of, or inputting any Input into the Services; or the use of Service Outputs.

2.<span class="indent">&nbsp;</span>PROHIBITED USES

2.1<span class="indent"></span><u>Unlawful Purposes</u>

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You may not engage in Uses that in any way:

• violates, or promotes, facilitates, or contributes to, a violation of any Applicable Law;
• is inconsistent with this AUP, including submitting Input or generating Output prohibited in this AUP;
• builds or develops any AI Technology, using the Platform, in contravention of, or for use in any manner inconsistent with, this AUP; or
• could cause the Platform or any system with which the Platform is integrated, connected, or communicates, to be classified as a “high risk” artificial intelligence system under Applicable Law, including for the purposes of Article 6(1) or Annex III (as amended or supplemented from time to time) of the EU AI Act.

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2.2<span class="indent"></span><u>Trafficking, Solicitation, Violence, and Child Safety</u>

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You may not engage in Uses that in any way compromises child safety, including exploiting, harming, or attempting to exploit or harm, children in any way, whether or not prohibited by Applicable Law, including by:

• distributing or promoting child sexual abuse material;
• facilitating or promoting trafficking, sextortion, grooming, or abuse of children;
• exposing children to sexual or other inappropriate content;
• collecting children’s personal information without proper disclosures and consent or when not strictly required to provide the requested service;
• using children’s personal information for secondary purposes without proper disclosures and consent; or
• promoting, describing, or depicting exploitation, abuse, or harm to a child, including child sexual abuse material, and content impersonating or intended to impersonate a child.

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You may not engage in Uses that in any way engage in, promote, or facilitate human trafficking or sexual solicitation, exploitation, or related violence.

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2.3<span class="indent"></span><u>Technical Restrictions</u>

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You may not engage in Uses that in any way:

• attempts to gain unauthorized access to, interferes with, damages, or disrupts any parts of the Services or any connected or related computer, software, firmware, hardware, device, data, database, system, or network;
• violates, attempts to violate, or knowingly facilitates the violation of the security, integrity, or availability of the Services or any connected or related computer, software, firmware, hardware, device, data, database, system, or network;
• introduces or distributes to the Services or uses the Services to introduce or distribute any viruses, trojan horses, backdoors, malware, worms, logic bombs, malicious code, or other software, device, technology, or material that is malicious or technologically harmful; or
• circumvents or interferes with features, functionality, filters, or safeguards of the Services that are intended to limit or mitigate violations of Applicable Law or this AUP or other harms resulting from use of the Services, without express authorization from AssemblyAI.

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2.4<span class="indent"></span><u>Discrimination, Harassment, Violent, and Hateful Behavior</u>

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You may not engage in Uses that in any way engages in, promotes, facilitates, incites, or contributes to unlawful harassment, discrimination, violence, terrorism, abuse, bullying, threats, intimidation, or hateful behavior, content, or speech.

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You may not engage in Uses that in any way unlawfully discriminates against any individual or group in the provision or denial of education, employment, employment benefits, credit, healthcare, housing, insurance, other economic benefits, or other essential goods and services on the basis of age, color, disability, ethnicity, genetic information, language, national origin, race, religion, reproductive health, sex, veteran status, or other classification protected by Applicable Law.

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2.5<span class="indent"></span><u>Privacy and Identity</u>

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You may not engage in Uses that in any way that compromise or violate the legal rights (including the rights of publicity and privacy) of any person, including:

• accessing, collecting, soliciting, processing, disclosing, or sharing personal information in any manner that does not strictly comply with Applicable Law and any required disclosures;
• conducting unlawful monitoring, tracking, or surveillance of individuals; or using or distributing digital replicas in any manner that does not strictly comply with Applicable Law, including, without limitation, all disclosure, consent, and authorization requirements imposed by Applicable Law;
• violating the legal rights (including the rights of publicity and privacy) of any person or contains any material that could give rise to any civil or criminal liability under Applicable Law, including, without limitation, digital replicas created or generated in any manner that does not strictly complies with Applicable Law and all consent and authorization requirements imposed by Applicable Law;
• inputting inputs, or generating and using Outputs, that impersonate any person, without authorization, consent, and legal right, or misrepresents your identity or affiliation with any Person; or
• inputting inputs, or generating and using Outputs, that give the impression that the associated content emanates from or is endorsed by us or any person, if this is not the case.

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2.6<span class="indent"></span><u>Weapons and Infrastructure</u>

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You may not engage in Uses that in any way develops, uses, operates, produces, markets, exchanges, or distributes weapons, explosives, or any dangerous, illegal, regulated, or controlled substances, products, or materials.

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You may not engage in Uses that in any way disrupts critical infrastructure, applications, or services, such as electrical, water, gas, and nuclear systems and facilities, road and air traffic control systems, emergency services, and telecommunications.

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2.7<span class="indent"></span><u>Abuse, Fraud, Deceit, and Misinformation</u>

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You may not engage in Uses that in any way intentionally or knowingly deceives, defrauds, misleads, misinforms, or disinforms others, including to:

• impersonate any person without authorization, consent, and legal right;
• represent, or otherwise deceive or mislead others to think, that Outputs are human-generated;
• engage in academic dishonesty or plagiarism; or
• distribute “spam”; or distribute or promote misinformation or disinformation.

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You may not engage in Uses that in any way exploits the vulnerabilities of an individual or group due to their age, disability, or a specific social or economic situation, with the objective, or the effect, of materially distorting their behavior in a manner that causes or is reasonably likely to cause significant harm.

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2.8<span class="indent"></span><u>Political Interference</u>

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You may not engage in Uses that in any way engages in or facilitates political campaigning or lobbying intended to cause the disruption or interference with any election process.

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2.9<span class="indent"></span><u>Law Enforcement, Surveillance, and Categorization</u>

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You may not engage in Uses that in any way promotes, facilitates, or contributes to:

• risk-assessment purposes that assess the risk of an individual to commit a crime or re-offend (except in support of a human assessment based on verifiable facts);
• categorizing individuals or groups based on biometric data or infer characteristics about them such as race, political opinions, religion, or sexual orientation, unless in accordance with Applicable Law;
• real-time, remote biometric identification of individuals in publicly accessible spaces for the purpose of law enforcement, unless in accordance with Applicable Law; or
• social scoring systems based on social behavior or known, inferred, or predicted personality characteristics that cause detrimental or unfavorable treatment that is disproportionate or used in a context unrelated to the context in which the data was originally collected.

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2.10<span class="indent"></span><u>Decision Making</u>

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You may not engage in Uses that in any way promotes, facilitates, or contributes to:

• techniques that may materially distort an individual or group’s behavior by impairing their ability to make an informed decision in a way that causes or is reasonably likely to cause significant harm;
• automated decision making, or as a substantial factor in making decisions, with legal or similarly significant effects on an individual or group, including profiling, unless done in accordance with Applicable Law, including as examples making all disclosures required by Applicable Law, providing the consumer or data subject a right to opt-out in accordance with Applicable Law, ensuring human review of the decision, and otherwise strictly complying with Applicable Law; or
• generating or providing legal, financial, health, medical, tax, or other professional advice, decisions, or recommendations without disclosure of your use of AI Technology.

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2.11<span class="indent"></span><u>Sexually Explicit Content</u>

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You may not engage in Uses that in any way:

• depicts or requests sexual intercourse or sex acts;
• generates content related to sexual fetishes or fantasies;
• facilitates, promotes, or depicts incest or bestiality; or
• engages in erotic chats

‍3.<span class="indent">&nbsp;</span>MONITORING AND ENFORCEMENT

We may monitor your use of the Services to evaluate your compliance with this AUP and to investigate any suspected or reported violation by you or your authorized users. Any violation of this AUP by you or your authorized users constitutes a material breach of the TOS. In addition to our rights under the TOS, if we, in our sole reasonable discretion determine that you have violated this AUP, we may:

• Terminate or suspend your access to all or part of the Services.
• Take appropriate legal action, including without limitation, referral to law enforcement or any authority, for any illegal or unauthorized use of the Services.
• Report any violations of this AI AUP relating to exploitation or abuse of children, including child sexual abuse material, to the National Center of Missing & Exploited Children (NCMEC) and other relevant authorities and organizations.

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Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Services.

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YOU WAIVE AND HOLD HARMLESS ASSEMBLYAI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ASSEMBLYAI DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PROVIDE OR LAW ENFORCEMENT OR OTHER AUTHORITIES.

4.<span class="indent">&nbsp;</span>CONTACT US

To contact us concerning anything raised in this Policy:

• You may email the Legal Department at legal@assemblyai.com (this also is the contact method for reaching the Data Protection Officer for users located in the European Economic Area, United Kingdom, or Switzerland) or mail us at: 2261 Market Street #4577, San Francisco, California 94114
• You may email the Support Department at support@assembyai.com or submit via our webform.
• Or, for existing Customers, you may submit a Support Ticket via the Service support portals.