Acceptable Use Policy
THIS POLICY governs Your use of DistillerSR TM and/or other cloud-based online services (collectively, the “Service(s)”) offered by DistillerSR Inc. (“Vendor” or “we”/”our”) in connection with the Customer’s purchase of subscription(s) for access to the Service(s) pursuant to the Agreement. This Policy describes activities that are prohibited in connection with Your use of the Service(s), which may be updated from time to time.
Please note that in the case an executed MSA (as defined below) exists between the Parties, the terms and conditions of that MSA shall control and take precedence over this Policy in the event of a conflict.
1. DEFINITIONS
Unless otherwise indicated, all capitalized terms used but not defined have the meanings given to them in the Terms of Service or MSA to which this Policy is incorporated into and thereby made a part of. Unless specified elsewhere in this Policy, the following terms shall have the meanings ascribed to them:
“Agreement” means, in each case entered into by Vendor with either the Customer or a Reseller, (i) the Terms of Service and all referenced Policies and Statements therein; (ii) Proposal with DSR Subscription Terms and all referenced documents therein; or (iii) an executed MSA and all referenced documents therein.
“Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
“MSA” means the master subscription agreement, or other equivalent negotiated contract which is not a Proposal with DSR Subscription Terms or Terms of Service, including all relevant schedules, referenced documents, and order forms entered into by Vendor and Customer, which governs the purchase and use of the Service(s), and makes up the binding contractual relationship.
“Policy” means this Acceptable Use Policy, as amended from time to time.
“Proposal with DSR Subscription Terms” means a signed Proposal including all relevant schedules, and all referenced documents entered into by Vendor and Customer, which governs the purchase and use of the Service(s) and this Policy, and makes up the binding contractual relationship.
“Reseller” means a third party authorized by Vendor to resell or otherwise make available the Service(s) to a Customer, pursuant to an agreement with Vendor into which this Policy is incorporated.
“Terms of Service” means the contractual terms found on the DistillerSR login page, that includes this Acceptable Use Policy, and the Privacy Statement, and makes up the binding contractual relationship between Vendor and You where no MSA or other agreement is in place with the Customer or Reseller.
“User Data/Content” means all electronic data or information (i) uploaded by You in the process of using the Services; (ii) calculated and populated in a form(s) by the Services as part of the Your created workflow following the uploading of such electronic data and/or information; (iii) created as a result of additional inputs by You in the process of using the Services; and/or, (iv) generated by the Services in the form of output data (i.e. reports) received by You.
“You” or “Your” means you, as an individual, as the end user of the Services.
2. YOUR RESPONSIBILITIES
You agree not to use, or to encourage, promote, facilitate or instruct others to use the Services as follows:
No Illegal, Harmful, or Offensive use of Service or User Data/Content
(a) To engage in, promote, or encourage activities in violation of any applicable law, regulation, governmental order or decree or legal agreement;
(b) To violate, or encourage violation of the legal rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary rights of Vendor or another;
(c) To use, upload, store, share, host, copy, distribute, display, publish, transmit, or send User Data/Content that is or may be deemed offensive, inflammatory, hateful, infringing, defamatory, discriminatory, obscene, threatening, libelous, abusive, invasive of privacy, harmful to others, objectionable, or otherwise unlawful or tortious material;
(d) Send or store Malicious Code (whether intentional or inadvertent);
(e) In a way that could harm the Service or impair anyone else’s use of the Service(s); and (f) For any unlawful, invasive, defamatory, infringing, or fraudulent purpose.
No Security Violations
(a) To access or probe (or attempt to access or probe) any network, computer or communications system, software application, or network or computing device systems (each, a “System”) without authorization, including, but not limited to, breaches, vulnerability scans, or penetration testing;
(b) To disable, interfere with, or circumvent any aspect of the Service(s); and
(c) To breach any security or authentication measures used by a System or the Service(s).
No Network Abuse
(a) To damage, disable, overburden, or impair the Service(s) or a System;
(b) To store or transmit any User Data/Content that contains or is used to initiate a denial of service attack, software viruses or other Malicious Code;
(c) To monitor or crawl a System that impairs or disrupts the System being monitored or crawled;
(d) To interfere with the proper functioning of any System, including any deliberate attempt to overload a System by mail bombing, news bombing, broadcast attacks, or flooding techniques;
(e) To operate network services like open proxies, open mail relays, or open recursive domain name servers; and
(f) To disable, interfere with, abuse, disrupt, intercept, circumvent, or otherwise violate the security of the Service(s), or to avoid any use limitations placed on a System.
No E-Mail or Other Message Abuse
(a) To distribute or facilitate distribution of unwanted, unsolicited or harassing mass e-mails or other messages, promotions, advertising, or solicitations (“Spam”);
(b) To alter, forge, or obscure mail headers or assume a sender’s identity without permission; and
(c) To collect replies to messages sent from another Internet service provider in violation of this Policy or the Internet service provider’s policies.
No Hazardous Use
(a) In any application or in a manner where failure of the Service(s) could lead to the death or serious bodily injury of any person, or severe physical or environmental damage.
No Misuse of AI or Chatbot Functionality
(a) The Services may include chatbot, generative artificial intelligence, or other automated response functionality (“Chatbot”). You agree not to use, or to encourage, promote, facilitate or instruct others to use the Chatbot: (i) to generate, request, or disseminate output that is unlawful, infringing, defamatory, discriminatory, harassing, obscene, deceptive, or otherwise in violation of this Policy or any applicable law, regulation, or third-party right; (ii) to harm, or attempt to harm, Vendor, Vendor’s business or reputation, the Service(s), or any other person, including by generating malicious, misleading, or fraudulent content; (iii) to develop, train, or improve any competing product, service, or machine learning or artificial intelligence model, or to reverse engineer, extract, or replicate the Chatbot, its underlying models, or its training data; or (iv) to submit inputs (including prompts) that contain Malicious Code, that are designed to circumvent, manipulate, disable, or interfere with the intended operation, safeguards, or usage limits of the Chatbot, or that attempt to elicit output the Chatbot is designed to restrict.
User Responsibility to Verify Output
(a) You acknowledge that Chatbot output is generated by automated means, may be inaccurate, incomplete, or otherwise unreliable, and does not constitute professional, legal, medical, scientific, or other advice, and is not a substitute for independent expert review, peer review, or professional judgment. You are solely responsible for reviewing, verifying, and validating the accuracy, completeness, and suitability of any Chatbot output before relying on, using, distributing, or otherwise acting upon it, including before incorporating any output into any systematic review, publication, submission, or regulatory, clinical, scientific, or other decision, and You assume all risk arising from Your use of such output. Vendor makes no representation or warranty regarding, and disclaims all liability for, any Chatbot output or Your reliance on it.
Modification and Availability of the Chatbot
(a) Vendor reserves the right, at any time and in its sole discretion, to modify, limit, suspend, or discontinue the Chatbot (or any feature, model, output, or usage limit thereof), in whole or in part, with or without notice. Vendor shall have no liability to You, the Customer, or any Reseller for any such modification, limitation, suspension, or discontinuation.
Intellectual Property in the Chatbot
(a) As between the parties and to the maximum extent permitted by law, Vendor and its licensors retain all right, title, and interest in and to the Chatbot, its underlying models, and all related intellectual property, and no ownership rights therein are granted to You. You are responsible for Your inputs and for any output generated at Your direction, in accordance with the representations, warranties, and obligations set out elsewhere in this Policy. Any rights in output are subject to, and governed by, the Agreement.
(b) Where You access or use the Service(s) on behalf of a Customer, or as an end user provided access through a Reseller, the Customer and/or Reseller (as applicable) is responsible for ensuring that all of its users, employees, contractors, and other persons to whom it provides access to the Service(s) comply with this Policy. Any act or omission by such persons in breach of this Policy shall be deemed a breach by the applicable Customer or Reseller, who shall be jointly and severally liable with You for such breach.
(c) You represent and warrant that You have all necessary rights, licenses, consents, and permissions to upload, store, reproduce, and process any published papers, articles, abstracts, datasets, or other third-party content that You submit to or process through the Service(s) or the Chatbot, and that such use complies with all applicable copyright and other laws and with the terms of any applicable publisher, database, or other licensor (including any restrictions on text and data mining, automated processing, or machine-based analysis). You shall not use the Service(s) or the Chatbot in any manner that infringes, misappropriates, or otherwise violates the intellectual property, contractual, or other rights of any publisher or other third party.
(d) You represent and warrant that You have all necessary rights, consents, authorizations, and lawful bases to upload, disclose, and process any personal data, personal information, or protected health information contained in any content You submit to or process through the Service(s) or the Chatbot, and that such use complies with all applicable data protection and privacy laws (including, as applicable, the GDPR, UK GDPR, HIPAA, and other similar laws). You shall not submit personal, sensitive, or health data to the Service(s) or the Chatbot except as permitted under the Agreement and any applicable data processing agreement between the parties. To the extent Vendor processes personal data on Your behalf, such processing shall be governed by the data processing terms set out in, or referenced by, the Agreement.
(e) You shall not use, or encourage, promote, facilitate, or instruct others to use, the Service(s) or the Chatbot to fabricate, falsify, or manipulate data, results, citations, or references; to plagiarize or misappropriate the work of others; or to misrepresent Chatbot output or other AI-generated content as human-authored or as independently verified. You are responsible for disclosing the use of AI-generated content where required by any applicable law, publisher, journal, institution, or research-integrity standard.
Third-Party AI Models
(a) To the extent the Chatbot incorporates, relies on, or makes available third-party artificial intelligence models or services, You agree to comply with all applicable terms, acceptable use policies, and usage restrictions of the relevant third-party providers disclosed by Vendor to You, and You acknowledge that Vendor is not responsible or liable for such third-party models or services.
3. MONITORING AND ENFORCEMENT
Vendor reserves the right, but does not assume the obligation, to monitor and investigate violations of this Policy or misuse of the Service(s). Failure to comply with or breach of this Policy constitutes a material breach of the terms and conditions upon which You are permitted to use the Service(s), and, at any time, may result in Vendor taking any and all actions in its sole discretion, including with immediate effect based on Vendor’s reasonable judgment, up to and including:
(a) warnings;
(b) suspending or terminating access to the Service(s);
(c) removing, or prohibiting access to, or modifying content that violates this Policy or any agreement that Vendor has with You for use of the Service(s); and/or
(d) legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach, including any breach arising from Your use or misuse of the Chatbot.
Without notice to You (unless required by law), Vendor may report any activity that Vendor suspects violates any law or regulation to appropriate law enforcement authorities, or regulators. Vendor’s reporting may include disclosing Your account information and/or Your User Content/Data. Vendor may also cooperate with law enforcement agencies or regulators to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Policy. Vendor excludes and disclaims all liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and Vendor may take any other action it reasonably deems appropriate.
You shall defend, indemnify, and hold harmless Vendor and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, demands, actions, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) Your use or misuse of the Chatbot; (b) any inputs, prompts, or data You submit to the Chatbot; (c) any output generated by the Chatbot at Your direction, or Your reliance on, use, or distribution of such output; and (d) any breach of the provisions of this Policy governing the Chatbot or any applicable law or third-party right in connection with the Chatbot. This indemnity is in addition to, and does not limit, any other remedy available to Vendor under this Policy or the Agreement.
4. REPORTING OF VIOLATIONS
If You become aware of any violation of this Policy, You must notify Vendor immediately and reasonably cooperate in any efforts to stop or remedy the violation.