Acceptable Use Policy

This Acceptable Use Policy (“AUP”) specifies the actions prohibited to users of the Services provided by Nymbis Cloud Solutions (Pty) Ltd (“Nymbis”) and should be read in conjunction with the Nymbis General Terms and Conditions and applicable Product Specific Terms and Conditions. Users are required to adhere to this policy without exception.

The terms “User”, “Subscriber” and “Customer” are used interchangeably.

1. Laws and Regulations
   • The Services may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
   • Users are prohibited from transmitting, storing, processing, generating or distributing any material in violation of applicable law.
2. Use of the Services

Users are expected to use the Services in a responsible, legal, and safe manner. The following restrictions apply to Users’ use of the Nymbis Services-

• Do not engage in dangerous or illegal activities, or otherwise violate applicable law or regulations. This includes:
  • Using the Services for dangerous purposes that may have serious harmful impacts on physical health, psychology, society, or the economy, or violate scientific and technological ethics.
  • Engaging in activities that infringe on intellectual property rights, trade secrets, and other violations of business ethics, or using algorithms, data, platforms, etc., to implement monopolistic and unfair competition behaviours.
  • Without Nymbis’ express consent – copying, transferring, leasing, lending, selling, or sub-licensing the entire or part of the Services.
  • generating or distributing content that:
    • Relates to child sexual abuse or exploitation.
    • Facilitates violent extremism or terrorism.
    • Facilitates non-consensual intimate imagery.
    • Facilitates self-harm.
    • Facilitates illegal activities or violations of law – for example, providing instructions for synthesizing or accessing illegal or regulated substances, goods, or services.
    • Violates the rights of others, including privacy and intellectual property rights — for example, using personal data or biometrics without legally-required consent.
    • Tracks or monitors people without their consent.
    • Makes automated decisions that have a material detrimental impact on individual rights without human supervision in high-risk domains — for example, in employment, healthcare, finance, legal, housing, insurance, or social welfare.
  • Do not compromise the security of others’ or Nymbis’ Services. This includes generating or distributing content that facilitates:
    • Spam, phishing, or malware.
    • Abuse of, harm to, interference with, or disruption to Nymbis’ or others’ Services.
    • Circumvention of abuse protections or safety filters – for example, manipulating an AI model to contravene our policies.
  • Do not engage in sexually explicit, violent, hateful, or harmful activities. This includes generating or distributing content that facilitates:
    • Hatred or hate speech.
    • Harassment, bullying, intimidation, abuse, or the insulting of others.
    • Violence or the incitement of violence.
    • Sexually explicit content – for example, content created for the purpose of pornography or sexual gratification.
  • Do not engage in misinformation, misrepresentation, or misleading activities. This includes:
    • Frauds, scams, or other deceptive actions.
    • Impersonating an individual (living or dead) without explicit disclosure, in order to deceive.
    • Facilitating misleading claims of expertise or capability in sensitive areas – for example in health, finance, government services, or the law, in order to deceive.
    • Facilitating misleading claims related to governmental or democratic processes or harmful health practices, in order to deceive.
    • Misrepresenting the provenance of generated content by claiming it was created solely by a human, in order to deceive.

3. System and Network Security
   • Users will not interfere with, damage, or attack the Services, systems, networks, models, and other components that support the normal operation of a Service. Users will not engage in activities that endanger the security of the Services such as:
     • engaging in illegal activities involving network intrusion, such as using unauthorized data or accessing unauthorized servers/accounts; forging TCP/IP packet names or partial names; attempting to probe, scan, or test vulnerabilities in the software system or network without permission;
     • engaging in activities that disrupt or damage the normal operation of the network, such as intentionally generating, spreading malicious programs or viruses; entering public computer networks or other people’s computer systems without permission and deleting, modifying, adding stored information, etc;
     • engaging in activities to steal network data, such as reverse engineering, reverse assembly, reverse compilation, translation, or attempting to discover the source code, models, algorithms, and system source code or underlying components of the software in any way; capturing, copying any content of the Services, including but not limited to using any robots, spiders, or other automatic setups, setting mirrors;
     • engaging in other activities that endanger the Services’ systems, networks, models, and other components.

4. Third-Party Acceptable Use Policies
   • The Subscriber acknowledges that where it has ordered a specific AI Model under the AI Product Specific Terms and Conditions, the Third-Party Provider Acceptable Usage Policies set out in the table below may apply and the Subscriber, and users, are bound thereby.
   • The table may be updated as the selection of AI Models are updated. It is the Subscriber’s duty to ensure Users are familiar with the relevant Third-Party Provider AUP.

5. Complaints
   • Upon receipt of a complaint, or having become aware of an incident, Nymbis reserves the right to:
     • Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP.
     • In the case of individual users suspend the user’s account and withdraw the user’s system access privileges completely.
     • Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.
     • In severe cases suspend access of the user’s entire system until abuse can be prevented by appropriate means.
     • Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
   • Any one or more of the steps listed above, insofar as they are deemed necessary by Nymbis in its absolute and sole discretion, may be taken by Nymbis against the offending party. All cases of violation of this Acceptable Use Policy should be reported to [email protected].