Acceptable use policy.

This Acceptable Use Policy (“AUP”) applies to all Customers and Authorized Users of the Talkdesk Services. All capitalized terms used in this AUP have the meaning given to them in Talkdesk’s online Master Subscription Agreement, or, as applicable, the signed Master Subscription Agreement between the parties (“Agreement”).

1. Prohibited  Use:

                 a. Acceptable Use Policy applicable to all Talkdesk Services:

Customer and its Authorized Users (hereafter jointly “Customer”) shall not access or use the Talkdesk Services or the Documentation except as otherwise expressly permitted or contemplated by the Agreement. For the purpose of clarity and without limiting the generality of the foregoing, Customer shall not:

• modify, translate, adapt, alter, or create derivative works or improvements of the Talkdesk Services or the Documentation,
• copy, download, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise exploit the Talkdesk Services, Documentation or Third-Party Content or make it available to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service,
• bypass or breach or attempt to bypass or breach any security device or protection used by the Talkdesk Services,
• use the Talkdesk Services or a Third-Party Product to store, transmit or process any content, communications or information that is unsolicited, obscene, hateful,  abusive, harmful, harassing, defamatory, unethical, inappropriate, constituting spam, criminal misinformation, or infringing any copyright, trademark, patent, trade secret, or other proprietary right or third party right,
• input, upload, transmit, or otherwise provide to or through the Talkdesk Services or Third Party Content or Third Party Product any information or materials that contain, transmit or activate any harmful code files, scripts, agents or programs, for example, viruses, worms, time bombs and Trojan horses, or interfere with or disrupt the integrity or performance of any Talkdesk Services, Third-Party Content contained therein or Third-Party Product,
• permit direct or indirect access to or use of any Talkdesk Services or Third-Party Content or Third Party Product in a way that circumvents a contractual usage limit or Service restriction, or attempt to gain unauthorized access to any Services, other accounts, computer systems or connected networks through hacking, password mining or any other means,
• frame or mirror any part of any Services or Third-Party Content other than framing on Customer’s own intranets or otherwise for its own internal business purposes or as permitted in the Documentation,
• except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile, decode or otherwise attempt to derive or gain access to sort code of the Services or any Third-Party Content,  in whole or in part, or access them to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics of the Services, (3) copy any ideas, features, functions or graphics of the Services, or (4) determine whether the Services are within the scope of any patent,
• access the Services and Documentation for benchmarking or competitive purposes,
• use web scraping, web harvesting, or web data extraction methods to extract data,
• create a false identity or mislead others as to the identity of the sender or the origin of the data,
• falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels,
• use the Services in any manner that could damage, disable, overburden, or impair any server or any connected network(s) or interfere with any other party’s use and enjoyment of any Services,
• use voice calls (a) to transmit misleading or inaccurate caller ID information to the recipient or (b) without clearly disclosing at the beginning a telemarketing or advertising purpose and Customer’s identity,  (c) that generate an unacceptable number of complaints from consumers, telecommunications providers, law enforcement agencies, or regulators. Customer must not have, in a given month, (a) a high volume of unanswered outbound voice call attempts from a single originating phone number or (b) a low average outbound voice call duration, or
• otherwise, use the Services or the Documentation in any unlawful manner or outside the scope of the Agreement.

                 b. AI Acceptable Use Policy

This AI Acceptable Use Policy applies in addition, if the Customer has purchased or is using AI Feature(s) as defined below.

Customers shall not use the AI Features, their APIs or Output, nor allow their Authorized Users or any third party to use or access them  for the following:

• as part of a website, application, or online service that is aimed at or likely to be accessed by individuals under the age of 18,
• to develop or train any artificial intelligence, machine learning models, or related technologies,
• distribute, share, or make any Output available to any persons or entities other than Customer and its Authorized Users,
• create false identities, mislead others about the origin of data or the identity of the sender, or use AI Features in a way that misrepresents the Output as being solely human-generated,
• for high-risk activities, including but not limited to (a) the operation of nuclear facilities, air traffic control, life support systems, weapons systems, or for clinical purposes, (b) activities requiring regulatory oversight, clearance, or approval, and (c) any use that could result in death, personal injury, or environmental harm,
• for medical, legal, financial, or other professional advice,
• to predict an individual’s protected characteristic (including but not limited to racial or ethnic origin, political opinions, religious or philosophical beliefs, age, gender, sexual orientation, disability, health status) or to perform any social scoring activities, nor categorize individuals based on biometric information,
• for intentional disinformation or deception, or to influence decision-making in any scenario, or
• to create robotic operations, or for other purposes outside of the AI Features designed scope, including but not limited to, robocalls, spam emails or other unauthorised digital communications or bulk data manipulation.

                                  i. Definitions:

“AI Feature(s)” means a Service or feature integrated into the Services that uses artificial intelligence or machine learning technology that is designed to, with varying levels of autonomy, generate Outputs from the Inputs it receives.

“Input” means any data or other information the Customer or Authorized User provides to be processed via AI Features.

“Output” means any data or other information generated by AI Features that is prompted by or generated from, as applicable, the Input.

                                  ii. Notices and Use:

• Talkdesk AI Features are neither high-risk systems nor are intended to be used for prohibited AI practices (“Intended Use”), as outlined by the European Union Artificial Intelligence Act or any applicable laws, regulations, or guidelines. Customer commits to use the AI Features in compliance with the Intended Use.
• AI Features will continue to be used in new and innovative ways. Customer is responsible for determining if its use of these AI Features is compliant with applicable laws and safe.
• Customer must implement a process for human review and decision-making on automatic decisions taken with the use of the AI Features, namely (but not limited to) when impacting a person’s fundamental right(s), health, or safety (e.g. access to lending/credit, and providing legal, financial, or medical advice) or when required by the law or to evaluate the potential risks of the use case and to mitigate such risk.
• Customer must be transparent and disclose in a clear and distinguishable manner to the concerned natural persons, at the latest at the time of the first interaction or exposure, that they are interacting with an AI system and/or that the Output is AI- generated or AI-assisted.

2. Violations:

Talkdesk may monitor the Services to detect any violation of the Agreement. A violation by Customer or its Authorized Users of this AUP will be considered a material breach of the Agreement. Customer agrees to cooperate with Talkdesk to remedy any violation.

To report any violation of the Agreement or this AUP, please send an email to [email protected].

3. Changes:

Talkdesk reserves the right to update this AUP by posting an updated version of this AUP at https://www.talkdesk.com/es-es/legal/acceptable-use-policy/. By using the Services, Customer agrees to such changes.