Elai Acceptable Use Policy

I. Introduction

This Acceptable Use Policy (“AUP”) governs your access and use of any Elai products, software, platforms, and services (the “Elai Services”). Whether you have signed up directly with Elai or access the Elai Services through an organization that has purchased them from Elai (Elai’s “Customer”), this AUP applies to you (as an “Authorized User”), as well as the avatars, videos, audio, and any other type of content, data, or information that you submit to, or create using, the Elai Services (“User Content”). This AUP may change as our business evolves, so please check back regularly for updates and revisions.

If you are accessing the Elai Services through a Customer, you agree that it is solely Customer’s responsibility to (1) inform you and all other Authorized Users of any relevant Customer policies and practices and any settings that may impact the processing of User Content, (2) obtain any rights, permissions, or consents from you and all other Authorized Users that are necessary for the lawful use of the User Content and the operation of the Elai Services, (3) ensure that the transfer and processing of User Content under the Contract is lawful, and (4) respond to and resolve any dispute with you and all other Authorized Users relating to or based on the User Content, the Elai Services, or Customer’s failure to fulfill its obligations under its contract with Elai. Elai is not responsible for the User Content, and the decision to access User Content or engage with other Authorized Users is yours alone.

II. Conduct When Using the Elai Services

The following sets out a list of acceptable and unacceptable conduct for the use of the Elai Services.

Do: 

  • Comply with the terms of this AUP
  • Comply with all applicable laws and regulations
  • Only post and disseminate User Content that you (or, if appliable, Customer) owns or has the necessary license or right to use
  • Obtain any and all necessary permissions and consents relating to your creation, use, and dissemination of User Content
  • Provide accurate and complete information when you create your account
  • Keep your account password and all other login information confidential and secure
  • Monitor and control all activity conducted through your account
  • Immediately notify Elai if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account
  • If applicable, comply with all terms of any third-party applications that Customer elects to integrate with the Elai Services

Don’t:

  • Permit any third party that is not an Authorized User to access or use the Elai Services
  • Share, transfer, or otherwise provide access to an account designated for you to another person
  • Use the Elai Services to store or transmit any User Content that may violate, infringe, or misappropriate someone else’s trademark, patent, copyright, trade secret, right of privacy, right of publicity, or other intellectual property right, or that may be tortious or unlawful
  • Submit User Content that is fraudulent, false, misleading, deceptive, obscene, unlawful, defamatory, libelous, inflammatory, abusive, harassing, threatening, hateful, violent, hostile, pornographic, indecent, or offensive, encourages conduct that would be considered a criminal offense, violate any law, or give rise to civil liability, or is otherwise inappropriate
  • Post advertisements or solicitations within the Elai Services
  • Send “spam” or other types of unsolicited communications
  • Impersonate any person or entity, including without limitation another Authorized User, without their express consent, or falsely state or otherwise misrepresent your affiliation with a person, organization, or entity
  • Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”
  • Upload to or transmit from the Elai Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component, or a technology that unlawfully accesses or downloads content or information stored within the Elai Services or on the hardware of Elai or any third party
  • Copy, modify, decompile, disassemble, reverse engineer, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Elai Services
  • Attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Elai Services
  • Access or authorize anyone to access the Elai Services from an embargoed country in violation of applicable economic and trade sanctions
  • Use the Elai Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism
  • Access, search, or create accounts for the Elai Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk)
  • Remove proprietary or confidentiality marks or notices from the Elai Services
  • Access the Elai Services in order to build a similar or competitive product or service or copy any ideas, features, functions, logos, designs, graphics, branding, marks, or any other materials used in the Elai Services
  • Use the Elai Service or any tools provided by the Elai Services for any of the following commercial purposes: the sale of access to the Elai Services or the sale of advertising, sponsorships, or promotions placed on or within the Elai Services
  • Sublicense, resell, time share, or similarly exploit the Elai Services
  • Access User Content through any technology or means other than through the Elai Services or other explicitly authorized means Elai may designate
  • Use any automated system, such as “robots,” “spiders,” or “offline readers,” to access the Elai Services

III. Violations of this AUP

Elai reserves the right to decide whether User Content or your use of the Elai Services is appropriate and complies with this AUP. If you access the Elai Services through a Customer and we believe that there is a violation of this AUP that can simply be remedied by Customer removing certain User Content or taking other action, we will, in most cases, ask Customer to take action rather than intervene. However, we may, at any time, without prior notice, and in our sole discretion, directly step in and take what we determine to be appropriate action (including without limitation deleting User Content or disabling or terminating your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Elai Services, Authorized Users, or any third parties. If you have signed up directly with Elai and we determine, in our sole discretion, that you have violated this AUP, we may, at any time, without prior notice, take what we determine to be appropriate action, which may include, without limitation, deleting User Content or disabling or terminating your account.