Acceptable Use Policy
Eikona Acceptable Use Policy
This Eikona Acceptable Use Policy ("Policy" or "AUP"), as we may amend from time to time by posting a new version on this page, supplements the Eikona Master Services Agreement, any Order Form(s), or any other agreement between you, our customer or user of such customer (together, "you" or "Customer") and Eikona Technologies, Inc. or its corporate affiliates (together, "Eikona", "Company", "we", "us" or "our") governing the use of Eikona’s Platform, Services, Creative Assets, website at https://www.eikona.io/ or other products and services supplied, generated or made available by Eikona. Capitalized but undefined terms used in the AUP have the meanings set forth in your applicable agreement with Eikona.
Prohibited Activities
Customer and its Users must adhere to this Policy at all times. You must not use the Platform, Services or Creative Assets in a manner, nor share with the Platform any Input or Customer Materials that, nor use the Services, Platform or Models interacted with via the Services to generate, edit or modify any Creative Assets, to perform or facilitate any of the following activities:
- Facilitate or encourage any illegal, fraudulent or abusive activities, or activities that materially interfere with or harm Eikona’s services, operations or reputation, or any other Eikona customers or users;
- Transmit libelous or otherwise tortious material, or any malicious code;
- Knowingly upload to the Platform, generate, modify, use or share any materials that: (a) infringe any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload, share, use or modify under any law or under any contractual or fiduciary relationship;
- Engage in spam, including but not limited to sending unsolicited or unauthorized messages, advertising, promotional materials, or any other form of unpermitted solicitation, including activities that violate the Controlling the Assault of Non- Solicited Pornography and Marketing (CAN-SPAM) Act, Canada’s Anti-Spam Legislation (CASL), the Telephone Consumer Protection Act (TCPA), the ePrivacy Directive/Regulation, or any analogous anti-spam, telemarketing or direct marketing laws;
- Create, modify or use any Creative Assets that replicate, simulate, or imitate the name, image, likeness, signature, or other identifying characteristics of any identifiable living or deceased person, fictional character, brand, logo, trademark, or entity without obtaining all necessary rights, licenses, consents and approvals, or that create a false impression of endorsement, sponsorship, affiliation or association with any person, brand or entity;
- Deploy Creative Assets for campaigns that target or are primarily directed to minors where prohibited, or without obtaining verifiable parental consent where legally required, or that solicit, infer or use data from minors in violation of applicable law;
- Perform intentionally misleading or false activities, regardless of whether the related content or its dissemination are unlawful;
- Engage in advertisements of regulated products and industries without the appropriate permits, licenses and disclosures in place;
- Create, modify or share Creative Assets or content that a reasonable person could find obscene, offensive, pornographic, indecent, vulgar, excessively violent or to be a glorification or promotion of violence, terrorism or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased);
- Create or transmit any material or content that facilitates or encourages defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech;
- Intentionally deploy or use Creative Assets in violation of any Third Party Service terms or content guidelines;
- Create or modify any Creative Assets or content that Eikona reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, disability, ethnicity, gender, geographic location, national origin, race, religion, sexual orientation or other protected category;
- Exploit vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
- Use for fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation;
- Create or disseminate political or religious advertising, influence elections or issue political advocacy; and/or
- Engage in dark patterns, deceptive design, manipulative consent flows, or any practice intended to subvert user choice, including in violation of applicable consumer protection laws.
If the Platform, Services or our website generate or modify any Creative Assets or content which may cause a violation of any of the above, you will notify us in writing promptly upon becoming aware of it and will immediately cease any use, publication or deployment of such Creative Assets or content.
Enforcement of this AUP, including the determination whether a violation occurred, is at Eikona's sole and absolute discretion, and failure to enforce it in one instance does not constitute a waiver to enforce the AUP in other instances. You will promptly cease use of any Customer Materials shared with the Services or of Creative Assets violating this Policy, and Eikona has the right to promptly suspend, remove or delete any violating or infringing Customer Materials and Creative Assets from the Services in its sole discretion, or modify the Services, Platform and website as necessary to ensure compliance with this Policy and with applicable laws.
To report a suspected violation of this Policy or for any questions, please contact us at support@eikona.io.
Eikona may update this Policy from time to time. Changes will be effective on posting unless a later effective date is stated. Your continued use of the Services after the posting date constitutes acceptance of the updated Policy.