Overview
This Acceptable Use Policy (the "AUP") sets out the rules governing the use of the Kainam Platform (the "Platform") provided by Kainam Corporation ("Kainam"). It applies to every person and entity that accesses or uses the Platform, whether as a direct customer of Kainam, as a reseller or partner of Kainam, or as the end customer of a Kainam reseller, OEM partner, or white-label partner (collectively, "Users").
Users’ access to and use of the Platform is subject to this AUP in addition to any agreement governing their relationship with Kainam or a Kainam partner (each, an "Agreement"). In the event of a conflict between this AUP and an Agreement, the Agreement controls; otherwise, this AUP applies. Kainam may update this AUP from time to time by posting an updated version at https://kainam.ai/aup; the most current version applies as of its effective date.
Capitalized terms used but not defined in this AUP have the meanings given to them in the applicable Agreement.
Prohibited Content and Activities
Users must not use the Platform, and must not permit others to use the Platform, to do any of the following:
Illegal Activity.
- Engage in or facilitate any activity that is unlawful under applicable law, including U.S. federal, state, and local law and the laws of any jurisdiction where the User operates or where the User’s data subjects are located.
- Violate export control laws, sanctions regulations, or anti-corruption laws.
- Engage in money laundering, terrorism financing, or other financial crimes.
Harmful or Abusive Content.
- Upload, generate, store, or transmit content that depicts or facilitates child sexual abuse material (CSAM).
- Upload, generate, store, or transmit content that incites or facilitates violence against any person or group, or that promotes terrorism or violent extremism.
- Upload, generate, store, or transmit content that harasses, threatens, defames, or stalks any individual, or that constitutes hate speech directed at protected groups.
- Upload, generate, store, or transmit content that exploits, sexualizes, or endangers minors in any way.
Infringement and Misappropriation.
- Infringe upon the intellectual property rights of any third party, including copyrights, trademarks, patents, trade secrets, and rights of publicity.
- Misappropriate or improperly disclose confidential or proprietary information of any third party.
- Use the Platform to circumvent technical protection measures, digital rights management systems, or paywalls.
Privacy Violations.
- Process personal data in violation of applicable data protection laws, including GDPR, HIPAA, CCPA/CPRA, and similar regimes.
- Collect or process personal data without a lawful basis or without providing required notices and obtaining required consents.
- Use the Platform to track, profile, or surveil individuals in a manner that violates their privacy rights or applicable law.
Spam and Unsolicited Communications.
- Send unsolicited bulk email, SMS, or other communications in violation of CAN-SPAM, TCPA, CASL, or similar laws.
- Use the Platform to operate phishing schemes, scams, or other deceptive communication campaigns.
- Send communications with falsified headers, sender information, or routing information.
Security Violations.
- Attempt to gain unauthorized access to the Platform, related systems, or other Users’ accounts, data, or environments.
- Probe, scan, or test the vulnerability of the Platform without Kainam’s prior written authorization (see Security Research below for the responsible disclosure process).
- Introduce viruses, worms, ransomware, trojans, time bombs, or other malicious code into the Platform or any system connected to it.
- Interfere with or disrupt the integrity, performance, or availability of the Platform, including denial-of-service attacks, flooding, or resource exhaustion attempts.
- Bypass or attempt to bypass authentication, authorization, rate-limiting, or other security or usage-control mechanisms.
System Abuse.
- Use the Platform in a manner that imposes an unreasonable or disproportionately large load on Kainam’s infrastructure, including high-volume automated requests not consistent with the User’s typical use pattern, where such use is not separately authorized as a high-volume use case.
- Mine cryptocurrency, conduct distributed computation unrelated to the User’s authorized use, or otherwise use the Platform’s compute resources for purposes outside the scope of the Agreement.
- Resell, sublicense, or redistribute the Platform or access to it, except as expressly authorized by an Agreement (such as a Kainam Reseller Agreement or OEM and White-Label Agreement).
- Use the Platform to develop, train, or operate a product or service that competes with the Platform.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Platform, except to the extent expressly permitted by applicable law.
AI-Specific Restrictions.
- Use the Platform’s AI/ML features to generate content that is illegal, harmful, or abusive as described above.
- Rely on AI-generated outputs as the sole basis for decisions that have legal or similarly significant effects on individuals (such as decisions regarding employment, credit, housing, insurance, education, or access to essential services) without appropriate human review.
- Use the Platform’s AI/ML features to extract, replicate, or recreate the underlying models, or to train competing AI models.
- Misrepresent AI-generated content as human-generated in contexts where such misrepresentation would be deceptive or harmful.
Compliance and User Responsibility
Users are responsible for:
- Their own use of the Platform, including any content uploaded, generated, or transmitted through their account.
- The acts and omissions of their personnel, contractors, and any individuals to whom they grant access to the Platform.
- Maintaining the confidentiality of their account credentials and notifying Kainam (or, where applicable, their Kainam partner) promptly of any suspected unauthorized access.
- Ensuring that any data they upload, generate, or process through the Platform has been collected and is processed in compliance with applicable law and with appropriate notices and consents.
- Configuring the Platform appropriately for their use case, including access controls, data retention settings, and integration security.
Users that resell or provide access to the Platform to third parties (such as resellers and OEM/white-label partners) are responsible for requiring those third parties to comply with this AUP through their own customer agreements, and for monitoring and enforcing such compliance.
Security Incident Reporting
Users must promptly notify Kainam if they become aware of:
- Any actual or suspected unauthorized access to the Platform or to their account.
- Any actual or suspected security vulnerability in the Platform.
- Any actual or suspected data breach involving data processed through the Platform.
- Any actual or suspected violation of this AUP by themselves, their personnel, or any other party.
Reporting channel.
Security incident reports and vulnerability disclosures should be sent to security@kainam.ai. Users must not publicly disclose suspected vulnerabilities prior to providing Kainam with a reasonable opportunity to investigate and remediate (a coordinated disclosure period of at least ninety (90) days is generally considered reasonable, though shorter periods may be appropriate where active exploitation is occurring).
Security Research.
Kainam welcomes good-faith security research and will not pursue legal action against researchers who: (a) make a good-faith effort to avoid privacy violations, destruction of data, and interruption of Platform services; (b) only use exploits to the extent necessary to confirm a vulnerability’s presence; (c) provide Kainam with a reasonable amount of time to resolve the issue before public disclosure; and (d) do not exploit the vulnerability for any purpose other than reporting it.
Enforcement
Kainam takes a tiered, customer-friendly approach to enforcement of this AUP. Kainam’s general approach is:
Notice and Opportunity to Cure.
For most suspected violations of this AUP, Kainam will provide written notice to the affected User (or, where applicable, to the Kainam partner responsible for the User) describing the suspected violation and providing a reasonable opportunity to cure — generally at least ten (10) business days, though the exact period may vary depending on the nature of the violation and any third-party obligations Kainam has.
Suspension Following Failure to Cure.
If the User fails to cure the violation within the cure period (or refuses to engage with Kainam regarding the violation), Kainam may suspend the User’s access to the Platform, in whole or in part, until the violation is cured. Kainam will continue to invoice and the User remains obligated to pay applicable fees during the suspension.
Immediate Suspension for Serious Violations.
Notwithstanding the notice-and-cure approach above, Kainam reserves the right to suspend a User’s access to the Platform immediately, without prior notice, where Kainam reasonably determines that:
- The violation involves illegal activity, child exploitation, terrorism, or other categories of content described in the Prohibited Content and Activities section as harmful or abusive;
- The violation poses an imminent threat to the security, availability, or integrity of the Platform or to other Users;
- Immediate suspension is required to comply with applicable law, a court order, or a regulatory demand; or
- Immediate suspension is necessary to prevent material harm to Kainam, a Kainam partner, another User, or a third party.
Termination.
If a violation is repeated, materially harmful, or not cured within a reasonable period after suspension, Kainam may terminate the applicable Agreement in accordance with its terms. Termination rights under this AUP are in addition to any other rights and remedies Kainam may have under the applicable Agreement or at law.
Cooperation with Authorities.
Kainam will cooperate with law enforcement and regulatory authorities in connection with investigations of suspected illegal activity, including by preserving and producing User data and account information in response to lawful requests.
No Obligation to Monitor.
Nothing in this AUP requires Kainam to monitor User activity, content, or use of the Platform. Kainam reserves the right (but undertakes no obligation) to investigate suspected violations.
Reporting Violations
If you become aware of a violation of this AUP by another User, please report it to abuse@kainam.ai. Reports should include sufficient detail to permit Kainam to investigate, including: (a) a description of the suspected violation; (b) any identifiers or evidence that would help Kainam locate the relevant activity; and (c) your contact information for follow-up. Kainam will treat reports as confidential to the extent practical, consistent with Kainam’s need to investigate and respond.
Updates to this AUP
Kainam may update this AUP from time to time. The current version is available at https://kainam.ai/aup. Material changes will be communicated to direct customers and partners with reasonable advance notice. Continued use of the Platform after the effective date of an update constitutes acceptance of the updated AUP. Where an Agreement requires advance notice or consent for changes that materially reduce the User’s rights, the terms of that Agreement control.
Contact
Questions about this AUP, security incidents, vulnerability reports, or reports of suspected violations should be directed as follows:
If you've executed a Master Services Agreement, Data Processing Addendum or other contract with Kainam, download the signed bundle below for your records.
Download contracts_files.zip