This Acceptable Use Policy (the Policy) applies to every person who accesses or uses the Service, including the Customer, its Authorised Users and the End Users of every Customer Product. It forms part of, and is incorporated into, the Terms of Service between Bynn Intelligence, Inc. (Bynn) and the Customer. Capitalised terms not defined in this Policy have the meanings given in the Terms of Service.
The prohibitions in this Policy apply whether or not the Safety Check refuses a request. A request that the Safety Check accepts is not, for that reason, a permitted use.
Section 1. Illegal and harmful activity
#The Customer shall not use the Service, and shall not permit any person to use it, to:
violate Applicable Law, or infringe, misappropriate or violate the intellectual property, privacy, publicity or other rights of any person;
defraud, deceive or mislead any person, including by phishing, scams, impersonation or other fraudulent schemes;
present an Output, or a decision made with an Output, as the decision of a natural person where Applicable Law or the circumstances require disclosure that the decision was automated;
create, distribute or facilitate malware, spam or unsolicited communications;
threaten, harass or intimidate any person, or promote or incite violence, terrorism, violent extremism or hatred against any person or group; or
traffic in or exploit persons, or facilitate trade in illegal goods, services or controlled substances.
Section 2. Weapons and military use
#Weapons. The Customer shall not use the Service to design, develop, produce, acquire, stockpile or use weapons intended to injure or kill, including biological, chemical, nuclear and radiological weapons.
Important: Military use prohibited
2.2Military Use. Military Use is prohibited unless the Customer has signed a Defence Contract Addendum with Bynn, and then only within its terms. Section 4 of the Terms of Service defines what is and is not Military Use.
Harm to people. The Customer shall not use the Service to choose, rank or target natural persons for physical or lethal harm, except as a signed Defence Contract Addendum expressly permits, and never in a way that Section 4 of the Defence Contract Addendum forbids.
Vehicles, unmanned aircraft and simulators. The Customer may use the Service, including Sessions, in connection with civilian vehicles, unmanned aircraft, vessels, robots, machines and simulators, such as for survey, inspection, mapping, delivery, agriculture, industrial monitoring, training and games, subject to Section 7.6 of the Terms of Service. The Customer shall not use the Service in connection with any such system:
- (a) to aim, arm, trigger, release or deliver any weapon, or any payload intended to injure or kill people or animals or to damage property, or to select or engage any target, except as a signed Defence Contract Addendum expressly permits and never in a way that Section 4 of the Defence Contract Addendum forbids;
- (b) to operate the system in breach of aviation, unmanned aircraft, road traffic, maritime or other law, including airspace restrictions, or to evade lawful detection, identification or interception;
- (c) to track, follow or monitor any natural person in breach of Section 4; or
- (d) as the sole means of controlling a Safety-Critical System.
Section 3. Decisions about people
#Important: Qualified review required
3.1Qualified review of Consequential Decisions. The Customer may use the Service to support Consequential Decisions, including decisions about hiring, credit, housing, insurance, education, benefits, law enforcement and healthcare, only where (a) a Qualified Reviewer reviews each Consequential Decision before it takes effect; and (b) the use complies with Applicable Law, including anti-discrimination, consumer protection, data protection and artificial intelligence law.
Protected characteristics. The Customer shall not use the Service to treat a person less favourably because of their race, colour, ethnicity, national origin or nationality, religion or belief, sex, gender identity, sexual orientation, disability, pregnancy, caste, immigration status, political opinion, body weight or appearance, or wealth or occupation. The only exception is an attribute on which the decision genuinely depends, where Applicable Law allows it to be considered: for example, income when assessing whether a loan can be repaid, or work experience when hiring.
Criminal records. The Customer may take a criminal record into account only where Applicable Law allows it for that decision. In a medical decision, a criminal record shall never affect who receives care, what care they receive or in what order; a recent conviction for violence may be considered only for measures that protect the safety of staff.
Social scoring. The Customer shall not use the Service to evaluate or classify natural persons on the basis of their social behaviour or personal characteristics where the resulting score leads to their detrimental treatment in contexts unrelated to those in which the data was generated, or to treatment that is unjustified or disproportionate.
Sensitive traits. The Customer shall not use the Service to infer a person's race or ethnic origin, religion, sexual orientation, political opinion, health or a similar sensitive trait, unless the person has given explicit consent or Applicable Law permits it.
Section 4. Surveillance
#The Customer shall not use the Service for mass surveillance, or to track, monitor or profile individuals without a lawful basis. This includes (a) recognising the emotions of natural persons in the workplace or in education; and (b) predicting whether a natural person will commit a criminal offence on the basis of profiling or an assessment of their personality traits alone.
Section 5. Self-harm
#Prohibition. The Customer shall not use the Service to help any person harm or kill themselves, including by choosing a method or a dose.
Detecting risk. Bynn encourages the use of the Service to detect a risk of self-harm and to connect people with help. Requests that ask whether a message indicates such a risk are protective and are not refused on that ground. Where a Customer Product serves people who may be at risk, it shall offer a clear way to reach human help, such as a crisis line or a support team.
Section 6. Children
#The Customer shall not use the Service to create, distribute or solicit sexual content involving minors; to groom, exploit, bully or harass minors; or to build products designed to make minors use them compulsively. Bynn reports apparent child sexual abuse material to the competent authorities as the law requires.
Section 7. Protecting the Service
#The Customer shall not, and shall not permit any person to:
reverse engineer, decompile or disassemble the hosted Service, or attempt to extract its model weights, parameters, training data or design;
scrape or crawl the Service, or access it by automated means other than through the API as the Documentation describes;
access the Service in any unauthorised way, or access the data of any other customer;
circumvent, disable or interfere with the Safety Check, rate limits or usage limits, including by splitting, disguising or rephrasing requests;
disrupt, overload or impair the Service;
probe, scan or test the vulnerability of the Service without Bynn's prior written permission (security findings may be reported to security@bynn.com); or
use Outputs to develop, train or improve a model or service that competes with the Service.
Open Models are governed by their own licence.
Section 8. Customer Products and End Users
#The Customer is responsible for how its Authorised Users and End Users use the Service through its Account and its Customer Products. The Customer shall maintain reasonable measures, including terms of use and monitoring appropriate to the Customer Product, to prevent them from doing what this Policy forbids, and shall act promptly, including by suspending the person concerned, on becoming aware of a breach.
Section 9. The Safety Check
#Assessment of every request. The Service includes an automated Safety Check. The Safety Check assesses every request to the hosted API and returns, with each answer, the probability that the request seeks to harm others (including choosing whom to harm by a protected characteristic or targeting people for lethal force) and the probability that it seeks help to harm oneself, as described in the Documentation. Detecting or assessing a risk of harm is never refused on that ground.
Default refusal. By default, the Safety Check answers and flags every request and refuses only a request that very likely seeks help to harm oneself, such as choosing a method, a place or a dose. A refused request returns a documented error instead of Output.
Customer settings. The Customer may set, for its own API Keys, stricter thresholds and actions than the default, either flagging or refusing a request above a threshold it chooses. The Customer may not loosen or switch off the default refusal described in Section 9.2. Only Bynn may switch off or loosen the assessment of requests that seek to harm others (the Harm and Targeting Component, as defined in the Defence Contract Addendum), and only on the Named Keys of a signed Defence Contract Addendum. The flags and settings do not make any use permitted that this Policy forbids.
Circumvention. Repeated attempts to get around the Safety Check are a breach of this Policy.
No reliance. The Safety Check is a risk-reduction measure. It does not relieve the Customer of any obligation, and Bynn does not warrant that it detects every misuse or never refuses a legitimate request. Records of refused and flagged requests are kept as described in the Privacy Policy.
Sessions. coming soonIn a Session, the Safety Check assesses the request that opens the Session and every Frame, and returns its probabilities with the Output for each Frame. A refused Frame returns a documented error instead of Output, and Bynn may end a Session in which Frames are refused. Every rule in this Policy applies to each Frame as it applies to any other request.
Section 10. Enforcement and reporting
#Investigation and action. Bynn may investigate any suspected breach of this Policy, including by reviewing Usage Data and, where necessary for the investigation, the relevant Customer Data. Bynn may require information from the Customer, and may suspend or end access, or disable API Keys, with notice where it can reasonably give it.
Reports to authorities. Bynn reports to the competent authorities where the law requires it, and may do so where it believes in good faith that a report is necessary to prevent imminent harm to any person.
How to report. Report misuse of the Service to abuse@bynn.com and security issues to security@bynn.com.
Section 11. Changes
#Bynn gives at least thirty (30) days' notice of a material change to this Policy, except for a change needed urgently for safety or security, or required by Applicable Law, which applies as soon as Bynn gives notice of it.
Points awaiting review
Open points for counsel and the owner, to be settled before this document takes effect. This list is removed when the document is published.
For counsel
- The alignment of Section 3.4 and Section 4 with the practices prohibited by Article 5 of the EU Artificial Intelligence Act.
- How this Policy carries into the licence for Open Models.
- The scope of voluntary reports to authorities in Section 10.2 under the data protection laws of each market.
- Section 2.4 (new): civilian vehicles, unmanned aircraft, vessels, robots and simulators, including through Sessions; the ban on weapons, harmful payloads and targeting outside a Defence Contract Addendum, on operating in breach of aviation and other law, and on tracking people in breach of Section 4; and the link to the safety-critical use clause in Section 7.6 of the Terms of Service.
- Section 9.6 (new): the Safety Check applies to the request that opens a Session and to every Frame, and Bynn may end a Session in which Frames are refused.
For the owner
- Whether the ban on recognising emotions at work or in education keeps an exception for medical or safety reasons.
- The default refusal threshold for help to self-harm, and the per-key thresholds and actions offered to Customers.
- Whether requests refused by the Safety Check are charged (drafted as not charged in the Terms of Service).
Values still open in this document
- The date on which these documents take effect