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Acceptable Use Policy

Acceptable Use Policy

Effective Date: [2024-06-26]

This EvolutionaryScale acceptable use policy (“AUP”) sets forth certain terms, conditions and restrictions relating to the access to, and use of, any applications, products or services provided by EvolutionaryScale (the “Services”) by or on behalf of any EvolutionaryScale customer (“Customer”) under EvolutionaryScale’s Terms of Use available at the following link [https://evolutionaryscale.ai/policies/terms-of-use], as updated and amended from time to time, or any other Customer agreement with EvolutionaryScale applicable to the Services (the “Agreement”). The restrictions set forth in this AUP are in addition to those set forth in the Agreement (and in the event of any conflict between any provision of this AUP and any provision of the Agreement, the provision that is more protective of EvolutionaryScale and the Services shall control). Any capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. This AUP may be updated by EvolutionaryScale from time-to-time upon reasonable notice (e.g., via email, through the Services or by posting an updated version of this AUP). Updates of the AUP become binding, including on existing users, on the later of the date specified in the updated AUP or thirty (30) days after posting. Any violation of this AUP may result in the suspension or termination of Customer’s access to and use of the EvolutionaryScale Services.

The Services are intended for use to predict and generate protein attributes like sequence, 3D structure and function attributes from any partial combination of those attributes as input, and any use that is inconsistent with the foregoing or with the requirements of any applicable laws, rules and regulations is not permitted. Customer and all authorized users must disclose any Sequence of Concern (“SOC”) use of the Services and use the Services in a way that is consistent with any purpose described to EvolutionaryScale (a “Use Disclosure”), including in connection with Customer’s request or application for access to the Services. EvolutionaryScale reserves the right to limit Customer’s use of the Services in response to any SOC usage disclosure or use of the Services that is inconsistent with a Use Disclosure.

Without limiting the foregoing, Customer shall not (and shall not permit its authorized users to):

  • use  the Services and/or any outputs thereof in any manner that is dangerous, harmful, or otherwise objectionable as determined by EvolutionaryScale in EvolutionaryScale’s sole discretion;
  • attempt to access, search, or create accounts for any of the Services by any means other than EvolutionaryScale’s publicly supported interfaces or as otherwise authorized by EvolutionaryScale;
  • impersonate any person or entity or otherwise fraudulently misrepresent your identity; 
  • interfere with or disrupt (or attempt to interfere with or disrupt) the Services, or gain (or attempt to gain) access to any systems, networks, platforms or services (collectively, “Systems”) that connect to the Services (except as required to appropriately access, deploy, maintain, or use the Services);
  • use the Services to violate the security or integrity of, or otherwise abuse, any System of any party (including without limitation the Services), including but not limited to gaining unauthorized access to any System (including attempting to probe, scan, monitor, or test the vulnerability of a System), forging any headers or other parts of any message describing its origin or routing, interfering with the proper functioning of any System (including any deliberate attempt by any means to maliciously overload a System), implementing denial-of-service attacks, operating non-permissioned network services (including open proxies, mail relays or recursive domain name servers), using any means to bypass System usage limitations, or storing, transmitting or installing malicious code;
  • use the Services and/or any outputs thereof to train, optimize, improve or otherwise influence the functionality or performance of any other large language model or other automated system powered by artificial intelligence, including, without limitation, any language or machine learning models or offerings for protein structure prediction similar to the Services;
  • use the Services to reverse engineer, disassemble, republish, copy, modify, distribute, transfer, sell, or otherwise grant or permit unauthorized access to the Services or any EvolutionaryScale Systems; 
  • make excessive use of the bandwidth of the Services in a way that may impact the use of the Services by any other users or customers;
  • use the Services and/or any outputs thereof in any circumstances involving high-risk activities, including where failure could lead to death, personal injury or environmental damage, and Customer further acknowledges that the Services are not designed or intended for such use.

EvolutionaryScale also reserves the right to intervene, including by suspending or terminating Customer’s access to and account for the Services at EvolutionaryScale’s election, if this AUP is not upheld.

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