Effective Date: April 29, 2026
This Acceptable Data Use Policy (“ADUP”) describes uses that Digital Automata, Inc. (“Digimata”) prohibits when Customer, Authorized Users, clients, End Users, or any other recipients access or use the Services or Data. This ADUP is incorporated by reference into, and governed by, the Services Subscription Agreement or other Order Forms between Customer and Digimata (the “Agreement”). Capitalized terms not defined in this ADUP have the meanings given in the Agreement.
Customer may not access or use the Services or Data without agreeing to this ADUP. Customer agrees not to use, and not to encourage or allow any Authorized User, client, End User, or other third party to use, the Services or Data in the following prohibited ways:
- In connection with, or to encourage, any illegal, fraudulent, abusive, or similar activity.
- To promote or advertise guns, ammunition, or weapons, adult content or services (such as pornography), credit repair services, payday loan services, tobacco or marijuana products except with prior signed authorization from Digital Automata, Inc.
- To promote or advertise any product or service that violates intellectual property rights, such as the sale of counterfeit products.
- To provide personalized investment advice, make or promote any recommendation to buy, sell, or hold a security, or represent that Digimata or Hermaeus recommends any investment decision. This restriction does not prohibit Customer’s internal research, analysis, or decision-support use otherwise permitted under the Agreement.
- For any form of debt collection.
- For background screening, employment screening, tenant screening, or any similar eligibility-screening purpose.
- To determine eligibility for a government license or benefit.
- To “re-identify” pseudonymous information (such as a cookie identifier) by merging it with personally identifiable information (such as an email address).
- For any purpose prohibited by applicable data privacy and security laws, including the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), the California Consumer Privacy Act or any similar state or national laws.
- To train, fine-tune, or otherwise improve AI or machine-learning models, or to create synthetic datasets that substitute for the Data, except as expressly permitted in an Order Form. This restriction does not prohibit transient use of the Services or Data in prompts, retrieval, summarization, analysis, or other inference workflows for Customer’s permitted use.
- For the benefit of any one political candidate, political party, political campaign or advocacy group affiliated exclusively with or formed to benefit any one political candidate, political party or political campaign.
- To benefit any government agency operating as an intelligence agency to support national security, military, and foreign policy objectives.
- Any evidentiary purpose related to law enforcement or criminal prosecution, such as to establish as an evidentiary matter that a particular person is associated with a particular data element (as you understand that such data elements may be subject to errors in accuracy, currency or transcription), provided that (subject to the foregoing restriction) such data may be used for investigative, analytics or validation purposes.
- In connection with any purpose covered by the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq. ("FCRA"), Federal Trade Commission interpretations of the FCRA, and similar federal and state statutes including for any purposes enumerated in the FCRA in lieu of obtaining a Consumer Report; or use or provide Services or Data provided by Digimata for the preparation of a Consumer Report or in such a manner that may cause such data to be characterized as a Consumer Report.
Customer agrees that it will not use or provide any Services or Data it receives from Digimata:
- In connection with establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes, or in connection with assessing risks associated with existing credit obligations of a consumer;
- For the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee;
- For any tenancy verification or in connection with any application to rent real property;
- In connection with a determination of a consumer's eligibility for a license or other benefit that depends on an applicant's financial responsibility or status;
- As a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation;
- In connection with any information, service or product sold or delivered to a “Consumer” (as that term is defined in the FCRA) that constitutes or is derived in substantial part from a Consumer Report; or
- In connection with eligibility for any government benefit or service; or
- For any eligibility decision made by a government pertaining but not limited to assistance to natural persons for housing, food, energy, health care, licensure, education, medical costs or any other form of government assistance or benefit.
- For any other purpose under the FCRA.
Customer agrees it will not take any “Adverse Action” (as that term is defined in the FCRA), which is based in whole or in part on Hermaeus's services or data, against any Consumer.