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Acceptable Use Policy

This acceptable use policy ("AUP") describes the prohibited uses by the Customer of TractoAI Service and forms an integral part of the TractoAI Service Agreement (the "Agreement"). Capitalized terms used herein but not defined herein shall have the same meanings set forth in the Agreement or the Linked Documents.

1. Prohibition to store, place, and distribute Certain Content​

1.1. Nebius may suspend Customer's right to access Services and/or delete the relevant Customer's Content immediately without prior notice to Customer if:

1.1.1. Customer performs illegal, harmful or fraudulent activities: any activities, including, but not limited to those: that are illegal, that violate the rights of Nebius or third parties, or that may be harmful to Nebius or third parties, operations or reputation of Nebius, including disseminating, promoting or facilitating child or any other illegal pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, pharming as well as interfering with the use of Services (or the equipment used to provide Services) by other customers or authorized users. ;

1.1.2. Customer places, posts, distributes, transfers, or promotes Content that infringes or misappropriates the intellectual property or proprietary rights of third parties;

1.1.3. Customer places, posts, distributes, transfers, or promotes Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including Content that constitutes child or any other illegal pornography, relates to bestiality, or depicts non-consensual sex acts; or

1.1.4. Customer places, posts, distributes, transfers, promotes Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

1.2. Nebius is not obliged to monitor Customer's Content. However, Nebius will examine Customer's Content after receiving Notice regarding Illegal Content published by Customer, or if ordered to do so by a court or other authority. Each Notice is subject to consideration by Nebius in accordance with applicable laws and regulations. Nebius may take down Content until the legal matter notified is resolved at Nebius' sole discretion.

2. Prohibition to falsify data​

2.1. Nebius may, at its' sole discretion, suspend Customer's right to access Services and/or delete the relevant Customer's Content immediately without prior notice to Customer if:

2.1.1. Customer performs actions to impersonate another person or representative of a legal entity or a community, including Nebius employees, forum moderators, and a website owner, without sufficient rights to do so;

2.1.2. Customer uses any forms and methods of unlawful representation of other persons; or

2.1.3. Customer provides names, addresses, phone numbers, logins, passwords, email addresses, etc. that do not belong to Customer or do not exist as identification details, unless the owners of these details authorized Customer to use them.

3. Prohibition of Spamming​

3.1. Nebius may, at its' sole discretion, suspend Customer's right to access the Services and/or delete the relevant Customer's Content immediately without prior notice to Customer if Customer:

3.1.1. performs actions to send, transfer, or otherwise distribute Content without the consent of the addressee, or, to post and/or reproduce Spam advertisements on resources of third-parties without their consent;

3.1.2. subscribes a postal address of the owner of said address to any periodic mailings without prior confirmation from the owner of said address (push subscription);

3.1.3. performs a periodic mailing with no explicit indication of the way to unsubscribe or otherwise in violation of the CAN-SPAM Act or other similar laws regulation the sending of marketing communications;

3.1.4. sends information to persons who previously stated their unwillingness to receive such information;

3.1.5. advertises services, goods, and other materials, which distribution is limited or prohibited by applicable laws, or advertises spamming and similar services; or

3.1.6. sends, transfers, and distributes lists of other people's email addresses, pyramid schemes, multilevel (network) marketing, online earning systems, chain letters, etc.

4. Prohibition of Mining​

4.1. Nebius may suspend Customer's right to access the Services immediately without prior notice to Customer, if Customer uses Services for Mining.

4.2. Nebius may undertake any technical and organizational measures for limiting the possibility of using Services for Mining.

5. Prohibition of network attacks​

5.1. Nebius may suspend Customer's right to access the Services immediately without prior notice to Customer, if Customer uses Tracto AI Platform for attempting to interfere with, disrupt, or attack any service or network, whether on our network or an external network. Anything that could reasonably be considered a cyber-attack is prohibited, including flooding, denial-of-service attacks, or using bots or scripts to generate spam submissions to internal or external networks.

6. Prohibition to Scan Internet Hosts​

6.1. Nebius may suspend Customer's right to access the Services immediately without prior notice to Customer, if Customer scans Internet hosts without Nebius's permission.

7. Prohibition to Platform operation interference and unauthorized access to third party data​

7.1. Nebius may suspend Customer's right to access the Services immediately without prior notice to Customer, if Customer takes actions aimed at disrupting or interference in operation of TractoAI Platform and unauthorized access to third party data.

8. Prohibition to use Services in breach of any law​

8.1. Nebius may suspend Customer's right to access the Services immediately without prior notice to Customer, if Customer uses Services:

8.1.1. in breach of any laws and regulations including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising.

8.1.2. to create web-services or software programs that violate any third-party rights; or

8.1.3. for any network abuse, such as an attempt to make network connections to any users, hosts, or networks unless Customer has permission to communicate with them.

9. Prohibition to hack or reverse engineer​

9.1. Nebius may suspend Customer's right to access the Services immediately without prior notice to Customer, if Customer uses the Services to mask or otherwise conduct hacking attempts on any network, internal or external. Customer may not attempt to reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any related technology that is not open source.

10. Prohibition to use harmful software​

10.1. Nebius may suspend Customer's right to access the Services immediately without prior notice to Customer, if Customer uses the Services to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code.

11. Network resources use limitation​

11.1. Nebius may limit access to certain network resources (gaming, bitcoin taps, etc.) in case Nebius has reason to believe that the use of these network resources may lead to Customer's misuse of the Grant provided during Trial period or Credit Limit.

11.2. If Customer intends to use the network resources specified in Clause 10.1 hereof, Customer shall request access.

11.3. Nebius, at its discretion, determines the criteria for providing access to network resources specified in Clause 10.1 hereof.

12. Monitoring and Enforcement​

12.1. In case of any violation of this AUP or misuse of Services, Nebius may perform memory dumps of Virtual Machines and DB Hosts of Customer and take other steps to identify causes of relevant incidents or misuses.

12.2. Nebius reserves the right, but assumes no obligation, to investigate any violation of this AUP.

13. Definitions​

"Illegal Content" means Content that infringes the rights of third parties, particularly intellectual property rights in the broad sense (e.g. copyright or trademark rights), or personality rights, or that constitutes a criminal offence (particularly in the areas of pornography, the portrayal of violence, racism and libel).

"Illegal pornography" is defined as material that a) contains or consists of a depiction of graphic genital nudity where i) the average person would find the material appeals to an arousing and unwholesome interest in sex, ii) the material depicts or describes sexual conduct in a patently offensive way, and iii) the material lacks serious literary, artistic, political, scientific or research value; or b) contravenes a statute, regulation or other legal requirement prohibiting or otherwise restricting pornographic material

"Mining" means using the resources of TractoAI Platform to create cryptocurrency.

"Notice" means a communication from a person affected by allegedly Illegal Content made publicly available by Customer.

"Spam" means Content sent to the public at large without prior consent.